Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Service of demand notice - Quashing of complaint - Validity - High Court quashed complaint on the ground that there was no proof either that notice was served or it was returned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Proceedings cannot be quashed on the ground that cheque issued was qua time barred debt - Debt whether was time barred or not can be decided only after evidence is adduced as it is a mixed question of law and fact - Order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89 -- Dishonour of cheque - Mediation - Normally, cases u/s 138 of NI Act being a criminal offence, is not referred for mediation - But if parties are interested in referring matter for mediation, that can be only for limited purpose of arriving at amount for which dispute can be settled and..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89 -- Dishonour of cheque - Mediation - If mediation agreement reaches criminal court agreeing to settle issue on certain terms, criminal court cannot rely on that agreement and pass a civil decree - But can only on the basis of evidence either convict or acquit accused and if case is..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89 -- Dishonour of cheque - Mediation cannot be treated at par with Lok Adalat as mediator has no power to pass any award as provided under Legal Services act...........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Section 89, Order 23, Rule 3 -- Dishonour of cheque - Agreement entered into between parties in a mediation cannot be termed as evidence in a criminal matter unless it is accepted by parties thereto and terms of such agreement were put into effect by parties...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Court can allow reasonable time to parties to fulfill terms of agreement in order to promote settlement arrived at in mediation and if parties willing to abide by condition then Court can wait for that much time provided in mediation agreement i.e. up to 6 months - But if the defaulting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant was regularly appearing before trial Court either personally or through his counsel right from date of institution of complaint, except the date on which complaint was dismissed - Trial Court has not recorded any..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of M.D. without prosecuting company - Held, Director or any other officer cannot be prosecuted without impleadment of company - Proceedings liable to be quashed...........
