Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447(2) -- Dishonour of cheque - Transfer of complaint - Apprehension that presiding officer is biased - Allegations are speculative and unsupported by any substantive material - Rather than indicating a real likelihood of bias, they reflect an attempt to delay proceedings -..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - There is no embargo on filing a complaint u/s 138 of N.I. Act against a sick company - Even if there is a restraint order u/s 22-A of SICA, nature of restraint order and facts of case would have..........
Negotiable Instruments Act, 1881, Section 138, 141, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22A -- Dishonour of cheque - Complaint against sick company - Restraint order u/s 22-A of SICA did not restrain accused/company to draw on its assets to meet its day-to-day operations - Cheques in question were issued to discharge liability of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Where there is a simple/curable infirmity in complaint and it does neither change the nature of complaint nor cause prejudice to accused persons, a formal amendment in complaint may be permitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Modification of a complaint may be permitted where cognizance has not yet been taken and alteration does not alter the essential character of complaint, defect sought to be rectified is one which can be cured through a formal amendment and where such modification does not result..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against accused as proprietor of firm, whereas cheque was issued by partnership firm and partnership firm not arraigned as an accused - Non impleadment of firm is a curable defect - Effective trial not yet commenced - Complainant permitted to file an application..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque issued pursuant to a compromise arrived at in a dispute regarding agreement which is hit by S.23 of Contract Act, would not be considered as a legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere non filing of income tax return or non mentioning of transactions in income tax returns would not automatically dislodge case of complainant u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once issuance of cheque as well as signatures have been admitted by accused, presumption u/s 139 of the Act would operate - It is immaterial whether cheque was filled by drawer or any other person other than drawer - If cheque was otherwise valid, penal provisions of S.138 of the Act..........
