Negotiable Instruments Act, 1881, Section 138 -- `Any debt or other liability' - Complainant giving a debt of Rs.15 lacs to accused - Accused issued seven post dated cheques in discharge of debt - Dishonour of cheques - No criminal offence under S.138 is made out - Cheques were issued as collateral security by accused and not to discharge any existing debt - Case is of..........
Negotiable Instruments Act, 1881, Section 138, Agricultural Produce Marketing (Regulation) (Karnataka) Act, 1966, Section 84(4) -- Accused purchased Sun Flower Seeds and issued cheque of Rs.2.50 lacs - Dishonour of cheques - Complaint under S.138 of Negotiable Instruments Act - Sanction of Market Committee under S.84 of Agricultural Produce Marketing Act is not required -..........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Company - Authorisation - Complaint filed on 24.9.1997 - Resolution giving authorisation to Manager passed on 17.11.1997 i.e. after filing the complaint - There is no distinction between civil and criminal law as far as authorisation or power of attorney is concerned - Authorisation given by complainant in favour..........
Civil Procedure Code, 1908, Order 37, Rule 1, Negotiable Instruments Act, 1881, Section 138 -- Summary suit for recovery of money due in respect of dishonoured cheque - The law permits the plaintiff to take out both Civil and Criminal proceedings - Both proceedings can be continued simultaneously - Both remedies are independent of each other - Thus passing of a decree will..........
Negotiable Instruments Act, 1881, Section 138 -- Stay of criminal case during pendency of civil suit - Dishonour of cheque - Complaint filed - Prior to that accused filed a civil suit for recovery of their dues against the complainant and the matter involved in the civil suit and the complaint is similar - Trial of criminal cases cannot be stayed only for the reason that a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and fine also imposed - Accused served the sentence but unable to deposit amount of fine - There is no provision in the Negotiable Instruments Act for recovery of fine - Complainant to file civil suit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by unregistered partnership firm - The effect of non registration of the partnership firm under S.69 of the Partnership Act is applicable only to cases involving civil rights and it has no application to criminal cases. (Partnership Act, 1932, S.69(2)...........
Negotiable Instruments Act, 1881, Section 138 -- Insolvent - Accused declared insolvent by Insolvency Court - Complaint u/s 138 against accused is maintainable - There is no bar in Negotiable Instruments Act or Insolvency Act - Provisions in Insolvency Act apply only to civil proceedings and as against property of insolvent and not with regard to criminal proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Insolvency proceedings - Dishonour of cheque - During pendency of insolvency proceedings accused is not absolved from criminal liability under S.138 even if the accused was declared insolvent - Protection given under Sections 29 and 31 of Provincial Insolvency Act is applicable to debtor in respect of civil detention and..........
Negotiable Instruments Act, 1881, Section 138 -- Stay of complaint pending civil proceedings - Agreement between complainant and accused - Accused issuing a cheque in pursuance of the agreement - Cheque dishonoured - Criminal complaint under Section 138 - Dispute over the agreement also pending in the civil Court - Proceedings in Criminal complaint cannot be stayed...........
