Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 256, 262 -- Dishonour of cheque - Dismissal in default - Complaint at stage of final arguments - Trial Court wrongly dismissed complaint for no, appearance of complainant as presence of complainant was not required on that day - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Once Court finds that it does not have territorial jurisdiction, Court has to act in terms of S.142-A(1) of the Act - It does not matter whether the case is in the register of long pending cases or not...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Police investigation - Complaint u/s 138 of the Act has to be in writing and should be filed and signed by payee or holder in due course as the case may be before concerned Court - There is thus, no scope to refer the case for police investigation or enquiry - Exception engrafted in S.142 of the..........
Criminal Procedure Code, 1973, Section 142, 133 -- Interim injunction - Executive Magistrate is empowered to pass an interim order of injunction by way of immediate measure u/s 142 Cr.P.C., only when case is covered by provision contained in S.133 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. branch of bank of payee or holder in due course, where drawee maintains an account would be determinative of place of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- As amended by Negotiable Instruments (Amendment) Second Ordinance, 2015 - Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque drawn at place `C' - Cheque presented for collection and dishonoured at place `I' - Court at place `I' has territorial jurisdiction to entertain the complaint u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complaint u/s 138 of the Act - Cheque in question presented for encashment by complainant at Sangrur - Court at Sangrur has jurisdiction to try complaint as Court within whose jurisdiction, cheque in question is presented for encashment is competent to try complaint u/s..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Partnership firm - Complaint against partners of firm without arraigning partnership firm as an accused - Held, complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Delay - Condonation - There is no hard and fast rule as to what constitutes sufficient cause to condone delay - A provision should be liberally construed so as to give substantial justice to the approaching party...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Appeal against acquittal - Dismissal of complaint u/s 138 of the Act - There is nothing on record to show that complainant has advanced amount in question to respondent/accused - Even, no date, month or year is mentioned that when respondent borrowed money - Neither any receipt nor any..........
