Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 470 -- Dishonour of cheque - Complaint represented beyond 30 days fixed by Supreme Court following decision of Supreme Court in Dashrath Rupsingh Rathod's case - Condonation of delay - Position as clarified in the N.I. Amendment Ordinance 2015 (No.6 of 2015), petitioners can be..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Reduction of sentence - Since the sentence imposed on petitioner is disproportionate with the nature and gravity of offence u/s 138 of the Act, therefore, substantive sentence of S.I for 3 months would stand reduced and modified to S.I for one day till rising of Court and petitioner is given 5..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Complaint u/s 138 of the Act - Offence by company - Accused was Director of company - He has resigned from directorship of company in year 2006 i.e. before bouncing of cheque - However, accused was signatory to..........
Negotiable Instruments Act, 1881, Section 138, 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 15, 22A -- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Merely because party has approached BIFR, by itself is not sufficient to seek protection and claim that there is a legal bar for instituting and proceeding with a complaint..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Indian Penal Code, 1860, Section 376, Constitution of India, 1950, Article 142 -- Rape cases - Fast Tract Courts constituted for trial of rape cases - But fast tract procedure not framed - Interim directions issued : (i) Upon receipt of information relating to the commission of offence of rape, the Investigating Officer shall make immediate steps to take the victim to any..........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Dissolution of marriage - Irretrievable broken down of marriage - Held, statute does not permit a Court to dissolve a marriage on account of its irretrievable breakdown - This may be done by Supreme Court in exercise of its powers and jurisdiction u/Art.142 of Constitution of India...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder (i) Complaint can be filed through power of attorney holder (a) if he is aware of the transactions; (b) an explicit assertion is made about his knowledge of the transaction in the complaint; (ii) Power of attorney holder can initiate criminal proceedings on behalf of the..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Limitation - Quashing of proceedings - Notice dated 27.04.2012 clearly shows that complaint was barred u/s. 142(b) of N.I. Act as same was not filed within a period of one month after expiry of 15 days of receipt of notice - Held,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Dishonoured cheque returned by Bank on 07.02.2008 with an endorsement that funds were insufficient - Legal notice sent on 03.03.2008 demanding cheque money - First complaint filed on 29.04.2008 which was dismissed in default..........
