Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque presented before bank two times within a period of six months - Quashing of complaint sought u/s 482 of Criminal Procedure Code - Held, whether complaint could be filed within a period of one month after the date of cause of action is a mixed question..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Quashing of - Complaints does not contain the necessary averments that petitioners were i, charge of and responsible of day to day affairs and conduct of the business of first accused firm at the time of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Prosecution of partner - Quashing of - No notice was given to him - Held, petitioner cannot be prosecuted for the offence u/s 138 of NI Act when no statutory notice was issued to him - Offence u/s 138 of NI Act would be committed only..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Vague averments as to who has signed the cheque in question - Apparently, it must be the 1st accused, borrower and such fact specifically has not been stated in complaint and petitioners herein also are arrayed as accused - Matter has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - FIR - Quashing of - The very complaint makes abundantly clear that what is in issue is a matter strictly relating to the realm of contracts - When 2nd respondent/complainant himself informs that he had stopped payment of a cheque and thereafter, the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque Petition u/s 482 Cr.P.C. - Bifurcated territorial jurisdiction of High Court - Order passed by a Court falling within the functionally bifurcated territorial jurisdiction of Principal seat - Order can be challenged by maintaining appeal, revision or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - All pleas raised deals with factual aspects which have to be decided at an appropriate stage - Held, criminal proceeding cannot be quashed - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Compromise - Quashing of - Compromise between parties - Held, in view of statement made before Court as well as affidavit filed by complainant regarding compromise, there is no impediment to exercise inherent powers u/s.482 Cr.P.C for quashing..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of - Averment that petitioners/directors were i, charge of and responsible to company at the time of commission of offence, which is an absolute requisite has not been made - Held, proceedings..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 177, 178, 482 -- Dishonour of cheque - Lack of territorial jurisdiction - Cheque in question was drawn on a bank situated at R.N.Mukherjee Road, Kolkata and cheque was dishonoured by said bank - Demand notice was served upon complainant at his address at Kolkata - Held, Court at..........
