Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Notice - Not personally served on the accused - Postal endorsement that addressee not available - It is purely a question of fact which can be investigated during the trial of the case as to whether the notice was actually taken by the Postal department to the accused and they..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Company - Person in-charge and responsible for conduct of the business of the company at relevant time - Such allegation made in the complaint - Question whether he had ceased to be such a person or whether he was never associated with the company in such a capacity are questions..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- The question as to whether the cheque was issued in discharge of a debt or legally enforceable liability or only as a collateral security is a matter to be considered by the Magistrate at the stage of evidence - When the allegations made in the complaint make out a prima facie..........
Negotiable Instruments Act, 1881, Section 139, 138, Criminal Procedure Code, 1973, Section 482 -- Legal liability to pay - Complaint sought to be quashed on the ground that there was no legal liability to pay - No ground to quash the process - Issuing of process is an interim order and not a judgment - Magistrate may drop the proceedings if he is satisfied on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Contention that payment had been made - As per complainant only part payment is received - Disputed question of fact involved to be decided by trial Court - No ground to quash proceedings under Section 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 245, 482 -- Petition to quash the proceedings u/s 482 - Dismissed by High Court - Petitioner can move the trial Court under S.245 Cr.P.C.and raise all the pleas except the one taken before High Court...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- `Debt or other liability' - No averment in complaint that the cheque was issued in discharge of any legally enforceable debt or other liability - Provisions of S.138 not attracted and complaint is not maintainable - No averment attracting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint sought on the ground that cheque was not issued by him - This is purely a question of fact - No ground to quash the proceedings...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Pleading - Absence of averment in complaint that cheque was issued towards the discharge of whole or any part of debt or any liability - Held, if the complaint and its accompaniments prima facie show the ingredients of S.138 of the Act then the complaint cannot be thrown or..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Summoning order - Review/recalling of order - Application for recalling dismissed by the learned Judicial Magistrate - Petition for setting aside of order - Criminal Court cannot review or recall its own order - The order was open to challenge by filing either a revision or a..........
