Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused convicted - Compensation not granted to complainant - Once it is proved by complainant that cheque was dishonoured, then it was for trial Court to award compensation to complainant - Sending accused in jail for dishonour of cheque will not serve the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal filed against conviction - Complainant has no objection if judgment and order of conviction and sentence is set aside - Accused acquitted - As applicant`s financial condition is poor but he could manage funds from friends and relatives therefore, applicant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 73, 82, 83 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Without a report on service of summons/bailable warrant of arrest was produced before Magistrate - In absence of such report, it cannot be concluded that accused has been evading arrest or..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Lack of pleadings in involvement of company or its officials in complaint would undoubtedly defeat it...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company or firm as well as officers responsible in the respective capacity must be arrayed as accused in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Precise pleadings must be incorporated in complaint to the effect that firm has committed offence punishable u/s 138 of the Act and that Managing Partner of firm is also guilty for being in charge of firm and responsible for conduct of business in that capacity...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Non-joining of company or firm and person responsible for its affairs in their respective capacities and for not incorporating precise pleadings about holding of posts by them in charge as such and their involvement in business in which company is engaged would be..........
