Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 265 -- Dishonour of cheque - Complaint - Not mandatory to be tried summarily - Magistrate is vested with discretion either to follow summary trial or summons trial...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 326 -- Dishonour of cheque - Summary/summon trial - Held, unless and until after hearing the parties to complaint a specific order is passed by Magistrate not to proceed further with trial as summary trial, all trials for offences u/Chapter XVII of N.I. Act shall be and to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) - - Dishonour of cheque - Non-appearance of complainant - Acquittal - Validity - Complainant was represented by his Advocate - Case was fixed for receipt of report of service of summons upon accused - It was neither fixed for appearance of accused nor for hearing - Held, case could..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- Dishonour of cheque - Issuance of summoning order - Validity - Plea that Magistrate did not comply with provision of S.204(2) of Cr.P.C. before issuing summoning order - Held, said provision does not create a bar while passing order for summoning accused - It creates a bar only..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Summoning order - Validity - Vide loan agreement petitioner had to re-pay an amount of Rs.2,65,655/- as on 07.12.2007 - In partial discharge of his liability he has issued a cheque on 07.12.2007 for Rs.1,00,784/- which was dishonored - Despite service of summons, petitioner has not made good..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary procedure not adopted - Instead, Magistrate adopted procedure applicable to summons cases - Bar of S.326 CrPC not applicable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Held, presumption u/s 139 will arise only when execution of cheques is proved - When complainant miserably failed to produce vital and relevant documents, though summons was issued and inspite of the fact that complainant has claimed that such documents are with them, no..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque formed part of security deposit which was payable by petitioner as a liability to complainant - Cheques were not given as security per se, but were issued towards discharge of liability of payment of security - In consideration of this security, respondent agreed to remain deprived of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea of non receipt of notice - Plea not available to accused when he does not make payment within 15 days of the receipt of summons from Court - Dismissal of complaint set aside - Matter remitted for decision afresh in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summons case or warrant case - Proviso to S.143 enables trial Magistrate if he considers the case punishable with sentence of imprisonment for a term exceeding one year, Magistrate may proceed to examine/recall witnesses and hear the case accordingly, either by following the procedure for summons..........
