Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Statutory offence - Strict liability - Held, offence punishable u/s.138 of NI Act is a statutory offence - Drawer of a cheque in certain circumstances is "deemed" to have committed an offence - Offence is of strict liability and does not require any mens rea - Penal provisions contained in S.138 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Amount involved in dishonoured cheque was Rs.9,00,000/- - Trial Court imposed a fine of Rs.100/- on first accused and directed second accused to pay compensation of Rs.1,00,000/- to complainant - Held, since complainant has established his case against second accused, therefore,..........
Negotiable Instruments Act, 1881, Section 138 -- Criminal Procedure Code, 1973, Ss.200, 202 - Dishonour of cheque - Issue of process - Magistrate considered not only the examination of complainant made u/s 200 of Cr.P.C., but also the relevant documents and then issued the process - Legality of - Held, in a case like present one, the other provisions like provisions of..........
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Conduct of trial - Duty of Court - Held, proceedings under NI Act shall be conducted as expeditiously as possible - A duty is cast upon Court concerned to conclude trial within six months from date of filing of complaint - At least an endeavour has to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Conviction - Validity - Cheque in question was issued by petitioner and it was dishonoured on account of "insufficient funds" - Legal notice of demand was received from complainant and neither replied same nor made payment of cheque amount - Neither..........
Negotiable Instruments Act, 1881, Section 138, 147 -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of document - Requirement - Held, the first and foremost requirement of S.91 Cr.P.C. is about the document being necessary or desirable for the purpose of trial of the case u/s.138 of NI Act - No roving enquiry can be allowed to be undertaken into..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to repay loan dishonoured - Plaintiff/Bank credited account of defendant assuming that cheque was cleared - Defendant withdrew the amount - Recovery suit filed by plaintiff/Bank - Held, it was for defendant to take steps against drawer of cheque once he received notice from Bank - It..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Held, summoning Court taking into consideration provision of S.202 Cr.P.C. shall hold an enquiry whether accused who reside beyond its territorial jurisdiction is to be summoned or not within 15 days considering summoning evidence already..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Second notice - Filing of complaint - Sustainability - First notice was not served upon petitioner but second notice was served as refuse to accept - Complaint filed within limitation from second notice - Held, complaint is sustainable under law and is not beyond limitation...........
