Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Accused lodged a complaint, concerning same cheque, with police for offences u/ss 467, 420, 379 and 466 of IPC - Both cases pending in different courts - Held, when there are cross case the same Judge must try both the cases - Case..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Accused sought quashing of proceedings by making offer to deposit the cheque amount - Quashing disallowed - Held, Court cannot force complainant i.e. payee of the cheque to enter into a compromise on deposit of cheque amount or the penalty amount by the accused - Court can advise complainant to consider..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cheque drawn in a foreign country on a drawee bank functioning in the foreign country and made payable there - Acts constituting offence committed outside India - Accused cannot be prosecuted in India...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance whether rightly taken - Cheque dated 06.04.2001 and bank account closed on 12.09.1998 - Provision of S.138 of the Act is not attracted in such a situation yet fact whether blank cheque was misused or presented late or that cheque was not issued towards existing liability are to be decided..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 2(g) -- Dishonour of cheque - Magistrate took cognizance and started enquiry - Proposed accused can be examined at the stage of inquiry - Proposed accused is not an accused at that stage - Magistrate at the stage of enquiry can examine any person including proposed accused for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Magistrate recorded statement of witnesses first and then recorded statement of complainant - It is mere an irregularity and not illegality - Not a ground to quash the proceedings or to hold that all proceedings are void ab initio...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at the place where cheque was handed over has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of Cheque - Additional evidence at appellate stage - Accused in appeal wanted to get his alleged signatures on the Cheque compared with his specimen signatures, though he had sufficient opportunity for the same during trial - Accused himself admitted that he issued..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482, 320 -- Dishonour of cheque - Compounding of offence - Parties can be allowed to compromise and get offence compounded u/s 147 of Negotiable Instruments Act at trial stage or at appellate stage - Once proceedings at first instance or proceedings at appellate stage are over and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan for purchase of vehicle - Post dated cheques issued - Non payment of loan instalment - Vehicle seized - Held, after seizure of vehicle post dated cheques cannot be presented for encashment - Owner has to take other legal remedies for recovery of balance amount - When vehicle is sold subsequently..........
