Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Partnership firm - Cheque issued individually by accused/Managing partner from his own account maintained with his bankers - Partnership firm was not in any way associated with cheque in question and therefore, not at all a necessary party to be arraigned as an accused in complaint - Complaint..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(4) - Dishonour of cheque - Acquittal of accused - Order of acquittal cannot be challenged by way of an appeal u/s 372 Proviso Cr.P.C. before Sessions Court - Remedy of complainant is to file an appeal to High Court with Special Leave u/s 378(4) of the Code...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Cheque issued towards repayment of loan which was given to accused about 7 years ago - Complainant failed to identify the accused - Admittedly, son of complainant and accused were having business dealings and it was possible that cheque in question had been..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Forged signatures - Application for sending cheque to FSL - Genuineness of signatures can be ascertained by Court itself - There is no need to send the cheque for FSL examination - Application rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Examination-in-chief of a witness is sufficient to term as `evidence' as mentioned in S.319 Cr.P.C., to summon accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Additional accused can be summoned on the basis of pre-summoning evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 319 -- Dishonour of cheque - Summoning of additional accused - Offence by company - Summoning of Chairman and Managing Director - Petitioner being chairman and Managing director of company was incharge and fully responsible for day to day business of said company - Since cheques were..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Mere sending of demand notice cannot confer any territorial jurisdiction on Court to take cognizance and try a complaint under the Act...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 462 -- Dishonour of cheque - Jurisdiction - Lack of - Finding or sentence passed by a Court of competent jurisdiction cannot be set aside merely on the ground of irregularity if no prejudice is caused to the accused - Plea of lack of jurisdiction neither raised at the trial nor any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4) -- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........
