Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Law as to : (i) Complaint can be filed through power of attorney holder; (ii) Power of attorney holder can depose and verify on oath to prove the contents of complaint; (iii) However, power of attorney holder must have witnessed the transaction as an agent of the payee or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Directors and Chairman cannot claim that they are not privy to enormity of transaction between accused and complainant as complaint clearly narrates role of persons involved in transaction who are made accused in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - By mere statement that Directors were not involved in transaction cannot at this juncture be accepted, when they are being put to trial and the contention being tested on the basis of examination or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Perusal of order shows that on each date of hearing petitioner was represented by his counsel and on 18.11.2019, petitioner himself was appeared before trial Court - But non-appearance of petitioner or his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, Dishonour of cheque -- Dismissal of complaint in default - Complaint cannot be dismissed u/s 256 Cr.P.C for absence of complainant if the matter is for return of summons, as presence of complainant was not required for that day - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Complainant is permitted to withdraw complaint - Accused directed to deposit compounding fee of Rs.2000 instead of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Accused was not physically present on the date of passing impugned order of dismissal of case - Magistrate passed the order of dismissal of case without performing an opinion that there is no good reason to adjourn hearing..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Issuance of cheque of Rs.6.70 lakhs towards partial liability - Plea that it is not mentioned as to what was the liability - However there is specific mention in the complaint as to the issuance of cheque of Rs.6.70 lakhs - Order to pay interim compensation of 20% of the..........
