Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Plea that notice was not served at the current address of accused - Notice sent by registered post to the address as given in Voter Identification Card and Driving License in the name of accused - Notice received back with postal endorsement "receiver is not residing at this address" - It..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant contended that his non-appearance or his counsel on adjourned date was neither intentional nor deliberate, as he had asked his counsel to move application for exemption but because..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Substantive proceedings u/s 138 of N.I. Act have already been amicably resolved amongst parties, resulting in withdrawal of complaint or quashing of proceedings - FIR registered u/s 174-A IPC as a result of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application seeking discharge was dismissed - S.138 of the Act is summons trial case and trial Court rightly held that prima facie application cannot be decided without going into merits of case in absence of any evidence - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - Direction to deposit 20% of cheque amount as interim compensation cannot be held as illegal, excessive and in violation of statue - Said order cannot be interfered with - Petition u/s 482 Cr.P.C challenging said order dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(1), 378(4), 256 -- Dishonour of cheque - Death of complaint during pendency of case - There is no provision in Cr.P.C or NI Act laying down that on account of death of payee, trial must be abate - Legal heirs of original complaint are entitled to come forward and ask for subsitiution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed on 12th day of service of notice - Complaint rightly dismissed...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Petitioner is second accused in complaint u/s 138 of the Act - Petitioner prays to quash complaint against him on ground that cheque is issued from account maintained by a proprietary firm owned by first accused and first accused is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Proceedings were launched on 12th day from service of notice and before expiry of 15 days mandatory period as provided u/s 138(c) of the Act - No cause of action thus accrued to complainant - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Moratorium provisions contained in S.14 of Insolvency and Bankruptcy Code, 2016, would apply only to corporate debtor - Natural persons mentioned in S.141 of N.I. Act would continue to be statutorily liable under provisions of the Act. (P.Moharnraj V Shah Brothers followed)..........
