Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Dishonour of cheque - Summoning of accused - Accused residing beyond territorial jurisdiction of Court - Drill of S.225 BNSS not followed before issuance of process - Summoning order set aside - Matter remitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Neither complainant nor his counsel appeared before trial Court on six consecutive dates - Repeated absence of complainant, failure to avail statutory remedy and unexplained delay together do not present a case of procedural..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Revision not maintainable against an order of acquittal in a complaint case - Proper remedy is to file appeal u/s 378(4) Cr.P.C subject to grant of special leave by High Court - Revision petition rightly dismissed being not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Joint account - Drawer of cheque was solely accused - Dishonour due to instruction by a non-drawer does not satisfy ingredients of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In proceedings u/s 138 of the Act, complainant must prove not merely dishonour of cheque but also existence of a legally enforceable debt or liability on the date of issuance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Joint account - Drawer of cheque was solely accused - Dishonour due to instruction by a non-drawer does not satisfy ingredients of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In proceedings u/s 138 of the Act, complainant must prove not merely dishonour of cheque but also existence of a legally enforceable debt or liability on the date of issuance...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Proceedings under the Act can not only be continued but also initiated against accused arraigned by virtue of S.141 of the Act, even after accused company is admitted to insolvency process...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Imposition of moratorium and appointment of Interim Resolution Process only protects corporate entity that has filed for insolvency and not the private persons involved within it - Such private persons have been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Exhibition of documents - Complainant filed documents along with his affidavit that were already on record but did not exhibit due to oversight - Documents are very much essential for just decision of case and therefore, they should be duly exhibited - Trial..........
