Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuance of process - Offence u/s 138 of N.I.Act is no, cognizable and therefore need not to be assigned to police for conducting investigation - S.202 Cr.P.C. has no applicability to a complaint u/s 138 of N.I.Act...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of complaint - Agreement for sale of poultry farm entered into by petitioner through his attorney - Petitioner was admittedly not present on any occasion of agreement to sell, issuance of cheque and other relevant issues - No..........
Negotiable Instruments Act, 1881, Section 20, 87 -- Blank signed cheque - Applicability of provisions of Ss.20 & 87 - Held, S.20 of the Act would make it clear that there can be no material alteration of a cheque leaf only for the reasons that it was subsequently filled up - But at same time it cannot be said that whenever a signed blank cheque leaf is given, it gives..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Earlier cheque as well as new cheque, both were blank, signed and undated - Instead of returning old cheque, complainant filled up the amount and date in cheque, deposited the same in bank, where the same was dishonoured - Both the..........
Negotiable Instruments Act, 1881, Section 138, Punjab Registration of Money Lenders Act, 1938, Section 3, 2(8) -- Dishonour of cheque - Complaint - Bar u/s.3 of Act of 1938 - Applicability - Held, S.3 of the Act of 1938 starts with non obstante clause making filing of any suit or any application for recovery of loan or execution of decree relating to loan by money lender..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Bombay General Clauses Act, 1904, Section 28 -- Dishonour of cheque - Claim as to non-receipt of notice - Sent by registered post at correct address and acknowledged by husband - Merely because accused did not receive notice personally and acknowledgment signed by husband, notice cannot..........
Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2) - - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Acquittal - Appeal against acquittal could be brought in only by way of filing application for special leave to appeal in High Court u/s 378 Cr.P.C and not in Sessions Court - Judgment of acquittal in a complainant case can only be assailed by way of filing..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Compromise between parties - Held, in view of the fact that offence u/s.138 of N.I. Act is compoundable in nature, compromise between parties is accepted and offence is allowed to be compounded - Impugned Judgment and Order of conviction set aside - Petitioner acquitted -..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Limitation - Quashing of proceedings - Notice dated 27.04.2012 clearly shows that complaint was barred u/s. 142(b) of N.I. Act as same was not filed within a period of one month after expiry of 15 days of receipt of notice - Held,..........
