Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Complainant issued demand notice for loan amount instead of cheque amount - Held, such notice is invalid - Valid notice of demand in writing for cheque amount is to be issued - Necessary requirements for constituting offence u/s 138 of the NI Act cannot be said to have seen..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Prosecution of its Directors - In case of a Director, complaint should specifically spell out how and in what manner the Director was in charge of or was responsible to the Company for conduct of its business and mere bald statement that he or she was in charge of and was responsible to the..........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 159, 163, 610(3), Evidence Act, 1872, Section 74 -- Dishonour of cheque - Company - Prosecution of its Directors - Cheque issued in 2004 - Director resigned in the year 1998 - Certified copy of annual return of company dated 30.9.1999 filed with the Registrar placed on record - Certified copy of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Petitioners sought quashing of proceedings on the ground that they had paid their share and remaining amount of cheque has to be paid by other partners of company - Held, ground taken by petitioner can be adjudicated only during the course of trial - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Exemplary costs - Parties have arrived at a settlement and prayed for compounding of offence as contemplated by S.147 of the Act - Held, since parties have settled their disputes, they are allowed to compound the offence - Judgment of courts below set aside - Since..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - At the stage of defence evidence, petitioner/accused moved an application seeking direction to complainant to adduce evidence of a finger print and hand writing expert - Trial court rejected application for the reason that accused cannot compel complainant to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Duty of Magistrate - Held, it is mandatory duty of Magistrate to examine complainant on oath and his witnesses, if any present, at the time of taking cognizance and issuing process to accused, even in cases relating to commission of offence u/s 138..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defective notice - Effect - It is no where specifically mentioned that unless respondents pay cheque amount i.e. an amount of Rs.13,50,000/-, they are liable for prosecution u/s 138 of NI Act - Appellant only stated in notice that respondents 1 to 4 are liable to pay an amount of Rs.22,08,522/- which is..........
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Proceedings challenged after almost two years of summoning order passed by trial court - Held, S.143(3) of NI Act, 1881, requires that the trial shall be conducted as expeditiously as possible and an endeavour shall be made to..........
