Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Complainant is not required to examine himself twice i.e. one after filing complaint and one after summoning of accused - Affidavit and documents filed by complainant alongwith complaint for taking cognizance of offence are to be read in evidence at both the stages i.e. pre..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482 -- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of Cheque - Company - Vicarious liability - It is necessary to specifically aver in a complaint u/ss 138, 141 of the Act that at the time the offence was committed, the person accused was i, charge of and responsible for the conduct of the business of the Company - This averment has to be made in the complaint..........
Negotiable Instruments Act, 1881, Section 138(a), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Six months validity period of cheque - Calculation of six months - Cheque drawn on 31.12.2005 - Day of 31.12.2005 will be excluded and the period of six months will be reckoned from the next day i.e. from 1.1.2006 - Period of six months will expire at the end of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Pendency of proceedings for more than 10 years - Accused a household lady having a family including two children - Accused ready to compensate the accused - Accused sentenced to fine of Rs.1,50,000 i.e twice the amount of cheque in question & also liable to pay another amount of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal against acquittal - Complainant granted leave to appeal before Session Court - Recalling of order - As per accused order was passed in absence of counsel of accused, hence it amounts to violation of principles of natural justice - Inadvertent mistake is..........
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 397, 401 -- Dishonour of cheque - Summoning order - Revision against - Revisionist personally did not have legally enforceable debt or liability towards complainant/opposite party No.2 - Facts of complaint do not disclose ingredients of offence u/s.138 of N.I. Act against revisionist -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder (i) Complaint can be filed through power of attorney holder (a) if he is aware of the transactions; (b) an explicit assertion is made about his knowledge of the transaction in the complaint; (ii) Power of attorney holder can initiate criminal proceedings on behalf of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured with endorsement (i) refer to drawer or (ii) exceeds arrangement; or (iii) instruction for stop payment and like other usual endorsement - Held, it amounts dishonour within meaning of S.138 of the Act...........
