Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105 -- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Signing of a blank cheque does not amount to due execution - Due execution means to give a cheque in its complete form - In case of issuance of blank cheque there can be presumption of authorisaton in favour of the person in whose favour it was issued to fill up the same to his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant neither disclosed that demand notice was sent within 30 days of bouncing of cheque nor it has been disclosed that complaint was filed within 30 days of receipt of demand notice - Held, complainant could not comply..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Condonation - While considering application for condonation of delay, it is always desirable to take a liberal and not a rigid or too technical view and Court has to keep in mind that discretion in the case has to be exercised to advance substantial justice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 28 days in filing complaint - Condonation - Complainant being the only son of his father could not file the complaint in time as his father had suffered a fracture - Complainant is not required to explain delay of each and every day - It is sufficient if sufficient cause for delay is given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed by power of attorney holder...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Endorsement of `Refusal'- Postal peon is not required to be examined - Notice is deemed to be served when it is sent by registered post at the correct address - In that event burden shifts on accused to show that it was not really refused by the addressee and the sender of the notice managed to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complainant had averred that cheque was handed over by accused at Ernakulam - Contention that precise place where cheque was handed over has not been averred in complaint - Held, cheque was handed over at Ernakulam which is within the jurisdiction of Chief Judicial..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 4(1), 482 -- Dishonour of cheque - Quashing of proceedings - S.145 NI Act provides a procedure contrary to Cr.P.C for taking cognizance and trial of offences u/s 138 NI Act - It provides that for enquiry for taking cognizance, Court can take evidence through affidavits - Thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - It is mandatory for Magistrate to examine complainant and witnesses, if they are present, before taking cognizance - Order taking cognizance without examining complainant set aside...........
