Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Substantial part of cause of action arose within jurisdiction of Courts at Delhi - Complainant, a public limited company, having its registered and corporate office at Delhi - Cheque presented in a Bank at Delhi - Cheques were returned to complainant through its bankers at Delhi -..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B -- Dishonour of cheque - Cognizance - Complainant alleging offence of cheating and dishonour of cheque - On the basis of averments made in the complaint, prima facie Magistrate has not committed any error in taking cognizance u/ss 420, 120-B IPC - However, as regards taking cognizance..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque was issued in the name of company but complaint has been filed by one of the Directors who has not been authorized for that purpose - Quashing of complaint sought - Held, company is de jure complainant - It must associate a human..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Interference by HC when permissible - Held, HC in an appeal against acquittal can only interfered if trial court has committed any illegality in passing judgment or judgment is perverse - There is nothing on record to establish..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complainant admitted that he has received entire amount due from accused - In view thereof, Supreme Court quashed the complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of Cheque - Conviction - Revision against - Concurrent findings - Scope of interference - Held, scope of interference with concurrent findings returned by both courts below is very restricted - Nothing was pointed out, in defect of procedure or conduct of trial which..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Society - Complaint filed President and Secretary as persons in charge and responsible to the society - Notice not issued to Society - Notice issued to the President and Secretary alone - Held, unless Society who is the drawer of the cheque is held liable, President and Secretary of the society..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Plea that there were business dealings between parties and cheque in question had been misappropriated by the complainant - Cheque in question was not issued by petitioner in favour of complainant as a partner of firm - It..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Presumption of - Cheque in question has been filled up in English, whereas, petitioner has signed the same in Punjabi - Held, this does not lead to inference that cheque is not legal and valid - Once petitioner has signed cheque in question, it leads to presumption that it had been issued by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Reduction in sentence - Petitioner is facing criminal proceedings since the year 1992 and has already undergone about 4 months of actual sentence - Petitioner has been involved in number of cases by complainant and in some cases..........
