Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant - Territorial jurisdiction - Cheques in question were issued at Meerut - Cheques were sent for collection to drawee Bank at Meerut - Even notice of demand u/s.138 of N.I. Act was served upon petitioner at Meerut address - Entire cause of action for filing complaint u/s.138 has arisen at..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Offence by company - Examination of de facto complainant - Held, where complainant is an incorporeal body represented by one of its employees, the employee who is a public servant is de facto complainant and in signing and presenting the complaint, he..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Interference by HC when permissible - Held, HC in an appeal against acquittal can only interfered if trial court has committed any illegality in passing judgment or judgment is perverse - There is nothing on record to establish..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Presumption of - Cheque in question has been filled up in English, whereas, petitioner has signed the same in Punjabi - Held, this does not lead to inference that cheque is not legal and valid - Once petitioner has signed cheque in question, it leads to presumption that it had been issued by..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint - Quashing of - Vaguely pleaded in complaint that all accused being directors are i, charge of company and they have been actively involved in business of company and are responsible to company for conduct of its..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Condonation of delay and extension of time can be done only after giving the proposed accused an opportunity of being heard...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by attorney in his own name as constituted attorney - Complainant was neither payee nor holder of cheque in due course - Attorney no where claimed that he had entered into the transactions on behalf of the payee and that he alone was conversant with the said transactions of the..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Complaint - Power of attorney holder of complainant `S', lodged complaint or initiated legal proceedings against accused u/s.138 N.I. Act by a written complaint - He was authorized to do that by complainant - Held, Magistrate has not done anything wrong by permitting..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Additional accused - Name of proprietor of firm not known - Complaint filed against son of proprietor - Proprietor sought to be arrayed as accused - Even if initially complainant was not aware about the real proprietor, he could move the application under..........
