Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cognizance of offence - Territorial jurisdiction - Transaction between parties took place at Punjab and notice issued from Jodhpur - Except issuance of notice of demand from Jodhpur, no other part of cause of action occurred at Jodhpur..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Complaint - Maintainability - Complainant issued one notice of dishonour in respect of four dishonoured cheques issued by petitioner - Held, as cause of action for filing complaint for dishonour of cheque is service of notice u/s 138 of NI Act and not..........
Negotiable Instruments Act, 1881, Section 138, 142(b), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Limitation Act is not applicable to Negotiable Instruments Act - However, with the aid of S.9 General Clauses Act, which is applicable to Negotiable Instruments Act, it can safely be..........
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complainant - Quashing of - Neither copy of notice as required under law has been given nor any documents have been filed indicating that such notice has ever been issued to petitioner - Held, merely making a bald statement in complaint without giving any..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Private complaint - Discharge of accused - Validity - Proceedings u/s.138 of NI Act initiated on private complaints - Magistrate stopped proceedings midway and discharged accused on basis of compromise entered between parties - Held, merely because..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Established on record that complainant/respondent had received bearer cheque for consideration in discharge of legal liability and was holder in due course of same - Dishonour of cheque was for reason that account of petitioner/accused did not carry sufficient funds - Burden..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque returned with endorsement `refer to the drawer' - Held, prima facie an offence punishable u/s.138 of NI Act is made out when cheque is returned with endorsement `refer to the drawer'...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 NI Act read with S.420 IPC - Appellate Court suspended sentence subject to payment of 1/3rd of amount of compensation - Condition imposed is for suspension of sentence and..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Earlier cheque as well as new cheque, both were blank, signed and undated - Instead of returning old cheque, complainant filled up the amount and date in cheque, deposited the same in bank, where the same was dishonoured - Both the..........
