Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting enquiry u/s 202 Cr.P.C - Magistrate has not adverted to S.202 Cr.P.C at all, nor does summoning order reflect that any enquiry or investigation was conducted prior to issuance of process - Order merely notices..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Non production of service report or track report - By itself not a ground to dismiss complaint at the threshold, particularly when complainant has asserted that notice was duly dispatched on correct address of accused - Question whether notice was actually served or not is essentially a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Dispatched within the same city - Presumed to be served within three days - 15 days time begins to run from the date of presumed service - Complaint filed after expiry of statutory waiting period calculated from presumed date of service - Complaint cannot be said to be premature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Guidelines issued: (a) Notice when sent by registered post or speed post at the correct address then presumption of service of notice shall ordinarily arise; (b) Complaint shall not be dismissed solely on the ground that track report or acknowledgment due card not filed, if complainant..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory as per S.148 of the Act, emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Accused facing financial difficulty is not a ground sufficient enough for carving out an exception from mandate of S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 220 -- Dishonour of multiple cheques - Single complaint - Whether maintainable - Single complaint relating to dishonour of multiple cheques issued by accused in one series of acts so connected together as to form same transaction, is maintainable in view of S.220 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Petitioner has placed on record material indicating circumstances beyond his control which ex facie render him unable to deposit 20% of compensation amount, particularly in view of his advanced age and medical condition, duly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement arrived at between parties - Petitioner agreed to pay Rs.45 lakhs under said settlement - Matter stands closed in terms of settlement...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
