Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 2(d) -- Complaint without signatures - Complaint returned - Complaint with signatures of complainant represented - Complaint shall be deemed to be filed when represented with signatures - Complaint when represented was not within time of accrual of cause of action - Proceedings..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Limitation - Notice given on 26.3.1998 - Cause of action arose on 11.4.1998 - Complaint filed on 8.5.1998 - Not barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Can be presented any number of times during period of its validity - Cause of action for initiation of prosecution arises only once that is on failure to pay money by drawer after demand notice - Each presentation and dishonour does not give rise to fresh cause of action but only a fresh right - Once notice..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque-Can be presented any number of times during period of its validity - Cause of action for initiation of prosecution arises only once that is on failure to pay money by drawer after demand notice - Each presentation and dishonour does not give rise to fresh cause of action but only a fresh right - Once notice under..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 190, 200 -- Complaint - When filed on the last day of limitation by a pleader in the absence of the complainant - Magistrate can accept the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Pleading - Absence of averment in complaint that cheque was issued towards the discharge of whole or any part of debt or any liability - Held, if the complaint and its accompaniments prima facie show the ingredients of S.138 of the Act then the complaint cannot be thrown or..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5, 4, 29 -- Delay - Condonation - Complaint to be filed within period of limitation prescribed u/s 142 - Complaint cannot be lodged thereafter - Court cannot condone delay as the very jurisdiction of Court to take cognizance is barred - Provisions of Ss.138 and 142 are special provisions and..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Court within whose jurisdiction the cheque was presented for encashment, has also got jurisdiction to entertain a complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cause of action - Arises only on failure of the drawer to make payment within 15 days of the receipt of notice - Complaint filed before expiry of 15 days is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Adjournment of complaint to some other date to examine the complainant under S.200 Cr.P.C. - Does not constitute taking cognizance of the offence...........
