Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused during pendency of appeal filed by complainant against order of acquittal - Appeal abates on death of accused - Application for substitution of L.R's of deceased accused rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Change/Substitution of authorised representative - Authorised representative who has left the company cannot remain authorised representative of the company - Order allowing change/substitution of authorised representative of company upheld. 2002(1) Civil Court Cases 13 (S.C.) followed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Company - Substitution of authorised representative of company - Earlier authorised representative of company examined in part - Expunging of Evidence - No provision either in Evidence Act or in Cr.P.C. under which direction to expunge evidence can at all be passed - Evidence adduced on record has to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint signed and verified by power of attorney holder - It is a defective complaint as complaint must be signed by the complainant - However, it is a curable defect - Death of complainant before curing said defect - Power of attorney holder sought leave of Court to prosecute the complaint on her..........
Negotiable Instruments Act, 1881, Section 138 -- Death of complainant - Substitution of L.R's - Can be allowed if Magistrate is satisfied from material on record and other surrounding circumstances that such permission should be given...........
Negotiable Instruments Act, 1881, Section 138 -- Death of complainant - Proceedings do not ipso facto terminate or abate - Magistrate can allow substitution if satisfied from surrounding circumstances and materials on record that such permission should be given - Son allowed to be substituted as complainant...........
