Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - Complainant contended that petitioner by participating in the proceedings before trial Court and even negotiating settlement with complainant has acquiesced to jurisdiction and he cannot be permitted to challenge the jurisdiction of trial Court at this stage - Contention..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Onus is not on complainant at the threshold to prove his capacity/financial wherewithal to make the payment in discharge of which the cheque is alleged to have been issued in his favour - Only if an objection is raised that complainant was not in a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Plea that cheque was lost - Intimation to police dated 12.03.2010 but it reach police only in the year 2011 - Respondent No.2 admitted in his cross examination that such intimation was sent to police only in 2011 but was never converted into a formal FIR - This further raises serious..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Signatory of cheque arrayed as accused and is also the person in charge - Complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Lok Adalat award - Execution - Lok Adalat award concerning criminal case u/s 138 of the Act is executable by Civil Court in case of default committed by Judgment Debtor...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Petitioner being independent director had resigned prior to issuance of most cheques and was not signatory to any of them - Complaints are silent qua any active role of petitioner in business of company - Statutory requirement u/s 141 of the Act is not satisfied -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Proceedings initiated u/s 138 of the Act are quasi criminal in nature and the object and purpose of the provision is to provide a compensatory mechanism for expeditious recovery of money as opposed to punishing the accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.223) - Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of an offence punishable u/s 138 of N.I Act based on a complaint filed u/s 200 Cr.P.C (S.223 BNSS) - After a complaint is filed Magistrate is duty-bound..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
