Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice issued u/s 138 of the Act cannot be treated as defective notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice - Since there was demand of money as such notice without signatures of lawyer cannot be held to be a defective notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(4) -- Dishonour of cheque - Dismissal of complaint - Since there was no sitting of Court for a long period and case was not taken up for hearing on particular date, complainant was not aware of direction given by Magistrate to take steps for issuing fresh summons to accused - Fit case..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence - Appellate Court exercised its discretionary power directing accused to deposit 20% of compensation amount while suspending the sentence - Once High Court has decided that appellate Court has rightly exercised its discretionary..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of proceedings - Petitioner sought transfer of proceedings on the basis of his old age - However, petitioner is not even summoned by Magistrate in proceedings u/s 138 of N.I. Act - Petitioner is discharged from said proceedings - Said fact is not..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of the amount - Appeal filed after introduction of S.148 of the Act i.e. 16.08.2018 - Appellate Court rightly directed to deposit 20% of the amount as a condition for suspension of sentence - No interference warranted in the impugned order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted by both the Courts below - He failed to point out any misreading of evidence by Courts below - Accused has undergone 4 months and 10 days of sentence out of substantive sentence of one year - Ends of justice would be met if sentence awarded to petitioner is..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Delay cannot be condoned without notice to accused and without granting him an opportunity of being heard in the matter...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Expression `Sufficient Cause' shall be understood and applied in a practical, pragmatic and reasonable manner - In the absence of any deliberate inaction or negligence on the part of complainant, the words `sufficient cause' shall be construed in a..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
