Criminal Procedure Code, 1973, Section 216, 217 -- Addition of charge u/s 420 IPC - Dishonour of cheque - Entire complaint was for dishonour of cheque which was issued by accused against loan taken from complainant - Charges u/s 138 of N.I. Act is made out against accused - There is no specific averment in the complaint itself that such loan was availed by accused on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 82, 174A -- Dishonour of cheque - Proclaimed offender - Warrant of arrest received back unexecuted with report that accused has left the given address - Court is duty bound to ask complainant to furnish his fresh address and ensure that accused is duly served before commencing with the coercive..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Amicable settlement between parties and complaint u/s 138 of NI Act withdrawn - Proceedings u/s 174-A IPC cannot be permitted to continue...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties - Bank withdraw the complaint u/s 138 of Negotiable Instruments Act - Since main petition u/s 138 of Negotiable Instruments Act stands withdrawn in..........
Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint u/s 138 NI Act and FIR u/s 174-A IPC - Offence by company - Accused shown bonafide cause for non-appearance before trial Court - Service not effected at ordinary place of residence of accused and they were not aware of said fact..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of Negotiable Instruments Act and S.420 IPC - Dismissal of complaint on the ground that complainant is a money lender - Magistrate had not gone into merits of case as to whether necessary ingredients of S.138 of the Act were established or not -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender and registration of FIR u/s 174-A IPC - Report of process server that accused has shifted from the address given in the complaint - No evidence that accused was residing at the given address or that..........
