Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Held, an application for compounding of offence filed u/s 320 of Cr.P.C. after pronouncement of judgment in appeal/revision, petition does not lie as court has no more seisin over the case - Compounding of offence u/s 320 of Cr.P.C. is permissible only when the case is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - In order to attract penal provisions of S.138 of the NI Act a cheque is required to be presented for encashment to Drawee Bank and that Payee Bank acts merely as an agent of payee/complainant for purposes of presenting the cheque in question to Drawee Bank - Necessary corollary thereof is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420 -- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque was presented by petitioner/complainant's Bank to the Drawee Bank at New Delhi through clearing house of Reserve Bank of India and cheque was dishonoured at New Delhi by Drawee Bank and thereafter cheque was returned as unpaid by Drawee Bank to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - From perusal of complaint and material on record it cannot be said that no offence is made out against applicant - All submissions made at the bar relate to disputed questions of fact - Held, such questions cannot be adjudicated upon by..........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of cheque - Vicarious liability of Director - Petitioner has been described in title of complaint as director/authorized signatory of company - Cheque in question is purported to have been sent by authorized signatory - Held, in view of the provisions u/s 141(2) NI Act and the law enunciated by Supreme..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was presented for collection before drawee bank beyond the period of six months - Held, accused is not liable for prosecution u/s 138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against Company and its two Directors - Cheque issued by one Director in his personal capacity - Allegation of conspiracy to cheat - Held, Court was simply trying a case for the offence u/s 138 of the Act and not a case of cheating - Complaint against petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties - Applicant has paid amount of cheque i.e. Rs.73, 000/- to respondent No.2 - Held, Offence u/s.138 stands compounded by invoking provisions of S.147 of the N.I. Act - Conviction and sentence set aside - Accused acquitted subject to..........
