Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order at the preliminary stage without affording parties opportunity of adducing evidence will result in finality and trial Court will be ousted from weighing material evidence which would result in accused being given un-merited advantage - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Re-production of documents for comparing of signatures - Once original documents were produced in preliminary evidence of complainant and opportunity was granted to accused to cross-examine the complainant u/s 145(2) NI Act, then seeking re-production of said documents, more particularly, when those..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265 -- Dishonour of cheque - Trial - Recording evidence by Court upon a preliminary objection - Held, in the NI Act, 1881 or in the provisions of Ss.262 to 265 of the Code there is no provision for recording evidence by Court upon a preliminary objection taken by an..........
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 -- Dishonor of cheque - Accused summoned - Magistrate cannot review its own order - Issuance of notice averred in complaint - Notice whether sent as required by law or not is a matter of evidence to be considered at appropriate stage - By impugned order Court has decided the issue itself and has held that no notice was issued -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal in default - Complaint fixed for recording preliminary evidence - Non appearance of complainant - Instead of dismissing the complaint in default Magistrate ought to have adjourned the complaint to another date...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Has to be on the basis of allegations in complaint and preliminary evidence - Defence set up in reply to notice not to be looked into at that stage...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Absence of specific pleading in complaint as to service of notice - Notice had in fact been sent and this fact has come in preliminary evidence - Complaint cannot be quashed on this ground u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Preliminary evidence - Permissible by way of affidavit - Unless the case falls within `just exception' contemplated u/s 145 of N.I. Act, Court must receive affidavits as evidence at the stage of S.200 Cr.P.C. and should not insist on personal appearance..........
