Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Filing of complaint - Held, S.142 of the Act does not lay down that complaint must be filed by payee personally - Complaint can be filed by payee himself or by holder-i, due course or holder of power-of-attorney...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Condonation of - Held, condonation of delay is within discretion of Court and when sufficient cause is shown and delay deserves to be condoned, Court can condone delay - In present case, delay of hardly four days caused - Complainant is a bank and cheque amount was more..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Transfer of complaint - Both complainant as well as accused reside in district of Keonjhar - Alleged loan in cash was given by complainant to accused at Keonjhar - Purported cheque given by accused to complainant was at Keonjhar..........
Negotiable Instruments Act, 1881, Section 138, 142, 420 - - Dishonour of cheques - Cheating - Ingredients necessarily be there for constituting offence of cheating - Held, (1) there should be fraudulent or dishonest inducement of a person by deceiving him - (2) (a) person so deceived should be induced to deliver any property to any persons, or to consent that any person..........
Negotiable Instruments Act, 1881, Section 138, 142, 420, 482 - - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to constitute..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Conviction - Accused neither replied to notice nor repaid amount of cheque - Both cheque issued on the name of complainant - Contention that notice sent to wrong address found incorrect - Conduct of accused shows that he had no intention to repay amount of cheque - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Held, mere sending of notice from a particular place would not give rise to cause of action for launching a prosecution for offence under N.I. Act - Cause of action arise from communication of notice - Court in whose territorial jurisdiction notice is..........
Prevention of Corruption Act, 1988, Section 7,20, Constitution of India, 1950, Article 142 -- Illegal gratification - Minimum sentence - Reduction therefrom - Jurisdiction under Art.142 - Exercise of - Held, where minimum sentence is provided, it would not be at all appropriate to exercise jurisdiction under Art.142 of the constitution of India to reduce sentence on..........
Negotiable Instruments Act, 1881, Section 138, 142(b) - - Dishonour of cheque - Filing of complainant - Delay of 5 days - Condonation of - Trial Court condoned delay on the basis of medical report submitted by complainant and summoned accused to face trial - Challenge thereto - Held, High Court in its jurisdiction u/s 482 of Cr.P.C. is not inclined to interfere with the..........
Constitution of India, 1950, Article 226, 142 -- Medical college - Irregular admission - Cancellation after selectees had completed substantial part of course - Plea for equitable consideration - Appellant admitted on last day of joining course in total disregard to rule of merit - Fault for such admission though attributable to all authorities involved in process of..........
