Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company will be the complainant and for the purposes of Section 200 of the Cr.P.C., its employee who represents the company, will be the de facto complainant while the company will remain the de jure complainant, regardless of any change in the de facto complainant - A perusal of the complaint..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Mandatorily required averments - Missing in the complaint - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioner had undergone total custody of 3 months and 6 days out of 6 months - Petitioner had already paid 55% of compensation amount - He has thus, undergone over half of sentence and paid more than half of compensation amount - Sentence reduced to period already undergone by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioners were sentenced to a period of one year S.I. - Both the petitioners have undergone more than one year in custody out of total sentence and also suffered agony and trauma of protracted trial - Sentence awarded to petitioners reduced to period already undergone by them -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney holder is a competent person to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Process can be issued on the basis of contents of complaint, documents in support thereof and affidavit submitted in support of complaint - Magistrate has discretion and is not bound to call upon complainant to be examined to decide whether or not to issue process - Magistrate can rely upon affidavit..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - If Power of attorney holder, who is aware of facts of the case and has made such an averment in the affidavit, is certainly competent to lodge a private complaint, even if such an averment is absent in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Transfer of complaint - Cheque was presented at Bank located at place `R' and same was dishonoured for want of funds - Complaint filed before Court at place `R' - Therefore, no case is made out for transfer of complaint u/s 138 of the Act - Petitioner can always apply for grant of exemption for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Accused did not put his appearance before Appellate Court even after issuance of arrest warrant against him - Plea of counsel of accused that he did not get opportunity of hearing in appeal, is wholly misconceived and not acceptable - Appeal rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheques - Offence by Company - Director - Appellant had already resigned as Director of Company before issuance of cheques in question - He was neither a Director nor connected with the company - Appellant is not responsible for affairs of Company in view of provision of S.141 of the Act - Complaint qua..........
