Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Accused sought production of certain documents in his defence - However, said documents are not necessary for just decision of case - Even, documents proposed to be led in evidence were very much in knowledge of accused - But neither documents were put to complainant at the time of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be initiated against legal heirs of a person who had issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Death of accused - Legal heirs or near relatives cannot be impleaded as accused in criminal case, when accused dies unless the statute prescribes so...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 377, 378 -- Dishonour of cheque - There is no provision in Cr.P.C. for allowing an application to implead legal heirs of deceased accused in an appeal filed u/s 377 or S.378 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction to try the case - As per S.142(c) of the Act, offence u/s 138 of the Act shall be tried by a Judicial Magistrate of first class or a Metropolitan Magistrate and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first..........
Criminal Procedure Code, 1973, Section 389(1), Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - First appellate Court by allowing application u/s 389(1) Cr.P.C. suspended sentence and directed to deposit 25% of fine amount - As per S.148 of the Act minimum 20% of the amount to be deposited by petitioners - Amount of fine reduced to 20% from 25% -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Managing Partner signed cheque on behalf of firm - Managing Partner cannot escape responsibility even in absence of averment that he is in charge and responsible to the firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Managing Partner is actually representing firm and he cannot contend that execution of cheque is not proved especially when conviction and sentence of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Sentence of firm became final - Managing Partner cannot content that execution of cheque is not proved - Managing Partner also committed an offence -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - No requirement that notice should be in a signed form - Proviso to S.138 of the Act states `giving a notice in writing' and not `by giving a notice in writing with signature'...........
