Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Dishonour of cheque whether on account of `insufficient funds' or on account of freezing of account of petitioner - It is a matter of trial - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Quashing of complaint - Though Court concerned may sift evidence for purpose of inferring prima facie case but certainly, it cannot appreciate evidence adduced on record rather that can only be appreciated by trial Court in totality of evidence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of handwriting on kacha parchies (slips) - Person whose handwriting is sought to be compared neither complainant nor accused - Specimen handwriting of person who has appeared in the witness box as a witness only, cannot be directed to give specimen handwriting...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Accused cannot be permitted to present evidence-in-chief by way of evidence as per S.145 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Service of accused not yet effected - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - When a mandatory condition precedent to issuance of process has not been fulfilled, continuation of criminal proceedings would amount to permitting prosecution founded upon an invalid exercise..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
