Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial - Inserted by Amendment Act, 2002, w.e.f. 6th February, 2003...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Case in substance when not tried in a summary way, though triable summarily and was tried as a summons case, it need not be heard de novo and succeeding Magistrate can follow the procedure contemplated u/s 326(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Evidence recorded elaborately and in verbatim and defence given full scope to cross examine - Held, such procedure adopted is indicative that it was not summary procedure - Succeeding Magistrate can rely upon evidence on record and de novo enquiry need not be conducted...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Absence to record order for not trying the case summarily - Merely for this reason entire trial is not vitiated and Appellate Court cannot direct for a de novo trial merely on the ground that trial Court had not recorded the order for not trying the case summarily...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Mode of trial - Directions issued : (1) All the subordinate Courts must make an endeavour to expedite the hearing of cases in a time bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within prescribed time..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Includes the existence of a legally enforceable debt or liability - Presumption is a rebuttable presumption - It is open to accused to raise a defence wherein the existence of a legally enforceable debt or liability can be contested - If accused is able to raise a probable defence,..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence on affidavit - Accused himself permitted to tender his examination-in-chief by way of an affidavit thus he is not entitled to question the same afterwards - Moreover, accused failed to demonstrate as to the prejudice that is caused on account of procedure that is followed - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Second complaint - Earlier complaint filed which was withdrawn after due cognizance - Second complaint on another created cause of action on the same cheque is barred - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of personal loan - Prosecution of company - No material on record to show that company was liable to make any payment to complainant - Company cannot be prosecuted merely for the reason that cheque bears seal of company unless complainant alleges existence of some..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Notice - Once service of notice is duly established upon respondent/accused and respondent/accused admittedly not complied with notice, it will necessarily follow that complainant/appellant has fulfilled all requisite conditions for constituting offence punishable u/s 138 of..........
