Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint before expiry of 15 days from the date on which notice is served - Held, it is no complaint in the eye of law - Cognizance of offence cannot be taken on the basis of such complaint - Merely because at the time of taking cognizance period of 15 days has expired from the date on which notice has..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients required for making out a case u/s 138 of the Act - Law pronounced in case M/s Kusum M/s.Kusum Ingots & Alloys Ltd. v. M/s.Pennar Peterson Securities Ltd. and Ors. etc. etc.; 2000(1) Apex Court Journal 261 (S.C.) : AIR 2000 SC 954 : 2000(2) SCC 745 reiterated : (i) a person must have drawn a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount two lakhs - Accused convicted and sentenced to three months simple imprisonment and also to pay compensation of two lakhs - No ground to interfere with the well reasoned judgment and order - However, sentence reduced to already undergone which is 2-1/2 months and order as to payment of..........
Negotiable Instruments Act, 1881, Section 138, 147, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Compounding of offence - Lok Adalat - Matter already settled between parties - On their application matter was referred to Lok Adalat only for taking its imprimatur to said settlement - Accused has to deposit 15% of cheque amount in Court as per..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cases u/s 138 of Act are to be treated as a separate class of quasi criminal cases governed by special procedure prescribed u/ss 142 to 147 of N.I. Act - It is only if the said provisions are silent, provisions of Cr.P.C. may be applied as far as may be warranted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of Cheque - Joint trial - A single complaint can be filed in respect of dishonor of multiple cheques issued by accused in favour of complainant in respect of same transaction - Trial Court therefore committed no illegality in proceeding to conduct a common trial in..........
Negotiable Instruments Act, 1881, Section 138, 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 15, 22A -- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Merely because party has approached BIFR, by itself is not sufficient to seek protection and claim that there is a legal bar for instituting and proceeding with a complaint..........
