Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place other than that where cheque was presented for collection and dishonoured - On this ground complaint cannot be sustained, hence, quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Condonation of delay in filing revision - Delay of 2131 days in filing revision - No sufficient cause has been made out for such delay in application - Accused has already undergone approximately 7 months - No cause therefore is made out to condone inordinate delay - Application for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of complainant for the amount due to complainant and 12 others - Only an amount of Rs.20,000/- is due to the complainant and balance amount of Rs.2,40,000/- belongs to 12 others - Without power of attorney or authorization or any other evidence authorising the payee or holder in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques drawn need not be in discharge of drawer's liability alone...........
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% -..........
