Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Business transaction between parties entered into at Kolkata - Cheque issued by petitioner, in course of business transaction, in favour of respondent were alleged to be dishonoured - Respondent/complainant has its office at Kolkata - Complaint u/s.138 of NI Act..........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420,406 -- Accused tried for offence u/s 138 of NI Act - Subsequently prosecuted for offence u/ss 406/420 IPC - It is not double jeopardy - Double jeopardy is only when ingredients of the offence in earlier case as well as in the latter case are the..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482, 320, Constitution of India, 1950, Article 227 -- Dishonour of cheque - Compounding of offence - Offer of compounding offence made by petitioners has been rejected by respondent and consequently no compromise has been arrived at between the parties - Held, respondent cannot be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action to file complaint - Arising of - Held, cause of action for an offence u/s 138 of NI Act arises only when on a dishonour of cheque and after receipt of notice accused fails to make payment of said amount of money to payee or as case may be to holder in due course of cheque within 15 days..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceeding - Quashing sought on the ground that cheque was not issued in discharge of a legal liability and was issued as a security - Held, this fact can be ascertained only after parties lead their evidence - This issue cannot be decided in a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of proceedings - Petitioners had already resigned prior to the date of alleged offence committed by company - They have not issued the cheque in question in favour of respondent No.2 - Further they were not responsible to company for conduct..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Power of attorney - When can be examined - Held, power of attorney holder can institute a complaint as well as examine himself u/s 200 Cr.P.C. but it is possible only when he is personally aware about the facts and circumstances of the transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Application filed by accused for sending cheque in question for examination to Forensic Science Laboratory rejected - Validity - Held, accused deserves an opportunity to adduce evidence in defence or to rebut statutory presumptions available in favour of complainant in trial u/s.138 of NI Act -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243(2) -- Evidence Act, 1872, S.73 - Dishonour of cheque - Denial of signature by drawer - Held, in case of denial of signature of drawer of a cheque, best witness would be concerned Bank Manager and not a handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Cheating - Quashing of complaint - From testimony of complainant and that of bank official it is prima facie seen that though petitioner was not partner of firm, but he had so represented and executed receipts and..........
