Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Typographical error - Amendment sought from `Desi Ghee (Milk products)' to `milk' - Amendment sought when examination-in-chief of complainant had concluded and cross examination was pending - Considering stage of trial no prejudice will be caused to accused - Actual facts have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Order of dismissal passed on 14.9.2023 - However, as per evidence on record complainant was in custody for offences under NDPS Act and Arms Act from 20.4.2023 to 2.8.2024 - Dismissal order set aside and case remanded to trial court - Appeal allowed...........
Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Dismissal in default - Complainant failed to prosecute his case due to incarceration - Long incarceration of complainant makes it impossible for him to manage and supervise the performance and functioning of his attorney...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Postal receipt not produced - This fatal defect means that statutory notice was never received by accused and fifteen days period never commenced - Absence of proof of receipt of notice is fatal in any event - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alterations - Application for expert opinion was allowed but accused failed to comply with conditions and cheque was not sent for examination - Having neglected that opportunity, accused may not raise material alteration now...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Question as to whether complaint is frivolous or not and whether it is the act of counter blast or retaliation post lodging of FIR by applicant against complainant, is a subject matter of trial, consideration whereof is not required at the summoning stage - Petition for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Submissions of accused that there is no date, mode of payment and amount mentioned with regard to payments alleged to have been made by complainant, which in turn was sought to be repaid by means of a cheque which was dishonoured, is a question of trial - Same cannot be considered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - At the stage of summoning, drawing of cheque and dishonoring of same which would attract presumption in favour of holder u/s 139 of the Act is relevant - Arguments with respect to accused being labour, complainant being hardened criminal and fraud had been played upon applicant,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Closure of evidence of complainant - Revision - Order to close evidence of complainant after giving him several opportunities is an interlocutory order as the same does not finally decide rights and liabilities of parties but rather only settles some..........
