Negotiable Instruments Act, 1881, Section 138, 142 -- Proviso - Dishonour of cheque - Delay in filing complaint - Condonation of delay must precede the act of taking cognizance...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint allegations disclose that cheque was issued for discharge of liability - Ingredients of S.138 of N.I. Act are prima facie made out from complaint allegations - Order of quashing set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings at threshold - Court is required to examine whether allegations made in complaint along with materials in support thereof make out a prima facie case to proceed against accused or not - In exceptional circumstances, Court may take..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - There is no enabling provision in Cr.P.C for entertaining an application for amendment of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought for is having the effect of substituting name of complainant and accused after 27 years of filing complaint - Name of complainant and accused cannot be substituted at appellate stage and that amendment sought for does not relate to a curable infirmity that can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where payee is a company, complaint should necessarily be filed in the name of company and a power of attorney holder or agent cannot file complaint in his personal capacity...........
Negotiable Instruments Act, 1881, Section 138, 143A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Order passed u/s 143-A NI Act, either allowing or rejecting the application - Order passed is intermediate order and not interlocutory order - Revision lies against such an order - Petition u/s 528 BNSS is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal subject to payment of costs to Legal Services Authority - When complainant does not want any further amount and appellant has expressed his inability to comply with the same, direction imposing costs on appellant to be paid to Legal Services Authority cannot be sustained in the eye of law...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Right to lead complainant's evidence closed - Complainant seeking her recall for her further cross-examination - Complainant had been neither diligent nor serious about leading her evidence - Matter remained pending for recording complainant's evidence from..........
