Negotiable Instruments Act, 1881, Section 138,142 -- Dishonour of cheque - Complaint - Limitation - Quashing of complaint - Plea that complaint filed beyond limitation hence trial court debarred from taking cognizance of the offence and proceed with trial repelled - The case is yet to go into trial - Parties will get an opportunity to adduce evidence...........
Negotiable Instruments Act, 1881, Section 138,139 -- Dishonour of cheque - Criminal complaint - Quashing of complaint - Plea that there is no legally enforceable debt or liability against the accused - The question cannot be resolved by considering mere claim made by the petitioner - It needed evidence for resolution - The complaint cannot be quashed on the bare allegation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177,179 -- Criminal - Dishonour of cheque - Criminal complaint - Territorial jurisdiction - Plea that cause of action had arisen at Kanpur where the cheques were dishonoured by the bank therefore courts at Delhi had no territorial jurisdiction to entertain the complaint repelled -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice of demand - Plea that notice of demand is invalid inasmuch as it has demanded the amount of cheque and other outstanding dues repelled as the notice has specifically demanded the amount of cheque which was dishonoured...........
Negotiable Instruments Act, 1881, Section 138 -- Unsigned complaint - Defect not noticed by Magistrate and complainant was examined u/s 200 on same day and his signatures were taken on verification and process was issued - Held, non signing of complaint does not go to root of the matter and is a mere technical irregularity...........
Negotiable Instruments Act, 1881, Section 138 -- Payment of cheque amount after institution of complaint - Does not wipe off the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused taking loan and issued cheque against it and also gave security - Complaint u/s 138 is competent even if drawee had alternative remedy to realise the amount of loan by sale of securities...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal complaint - Existence of an agreement between the parties by which certain securities were given by the borrower to the lender which could be disposed of by the borrower for realising its outstanding amount of debt would not deprive the payee of the cheque from taking resort to the provisions..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non appearance of complainant - Complaint dismissed in default - Order of dismissal set aside - Presence of complainant was not required on that day - Magistrate could dispense with appearance of complainant under S.256 Cr.P.C...........
Consumer Protection Act, 1986, Section 3, Negotiable Instruments Act, 1881, Section 138 -- Jurisdictional Bar - Complaint regarding deficiency in service on the part of construction firm - Proceedings u/s 138 of the Negotiable Instruments Act for dishonour of cheque also pending before Judicial Magistrate - Held that said pendency of the case cannot operate against the..........
