Negotiable Instruments Act, 1881, Section 138, 142(As -- (As amended w.e.f. 15.06.2015) - Dishonour of cheque - Issuance of different cheques during the same course of business - All complaints arising out of such different cheques be entrusted to one and the same Court to facilitate easy disposal and uniformity...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Limitation - Crucial date for computing the period of limitation is the date of filing of complaint or initiating criminal proceedings and not the date of taking cognizance by Magistrate...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required -..........
Evidence Act, 1872, Section 137, 141, 142 -- Leading questions in examination-in-chief - Deaf and dumb witness - Leading questions were asked from witness during examination-in-chief and services of an interpreter not taken - Such evidence is absolutely inadmissible evidence and practically no evidence...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - Place where a cheque is delivered for collection i.e. the branch of bank of payee or holder in due course, where drawee maintains an account, would be determinative of place of territorial jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(as - - Dishonour of cheque - Territorial jurisdiction - All criminal complaints for dishonour of cheques pending as on 15th June 2015 in different Courts in India would be transferred to Court which has the jurisdiction to try such case, i.e. such pending cases would stand transferred to Court having jurisdiction over..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Cheque in question was delivered for collection at the Bank situated at place `U', where complainant has no account - However, by virtue of S.142(2) explanation, of N.I.Act, it is deemed to have been delivered at the Bank, at place `A' where the centralized pooling..........
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..........
