Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265 -- Dishonour of cheque - Summary trial - It is summary trial procedure which applies to dishonour of cheque cases - However, in the course of a summary trial, if it appears to the Magistrate that the nature of the case requires passing of sentence of imprisonment..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Speedy and expeditious disposal of cases - Directions issued to all Criminal Courts in country dealing with cases u/s 138 of the Act, viz: (1) Metropolitan Magistrate/Judicial Magistrate (MM/JM), on the day when the complaint u/s 138 of the Act is presented, shall scrutinize the complaint and, if the..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Notice - Complaint u/s 138 of the Act - Accused bound to prove payment of entire amount within 15 days of receipt of notice intimating dishonour of cheque and demanding payment u/ss - Even, part payment whether before or after notice cannot absolve accused from criminal liability for offence u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 372 -- Dishonour of cheque - Appeal against acquittal - Acquittal can be challenged in High Court and not in Court of Sessions...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of signatures on cheque by handwriting expert - Petitioner herself admitted in notice that cheques were sent on behalf of her - Moreover, cheques were not returned by bank on the ground of dissimilarities in signatures but returned on account of insufficient..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Complaint - Dismissal due to procedural defect - Validity - Authorization by Board of Directors of appellant-Federation not placed before Courts below - But a specific averment made by appellant before Magistrate that said GPA has been filed in connected case which has neither been denied nor disputed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards advance payment - Indicates that at the time of drawal of cheque, there was no existing liability - Offence u/s 138 of the Act is committed only when there is legally enforceable debt or other liability subsisting on the date of drawal of cheque - In other words, drawal of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards advance payment - If a cheque is issued as an advance payment for purchase of goods and for any reason purchase order is not carried to its logical conclusion either because of its cancellation or otherwise, and material or goods for which purchase order was placed is not supplied,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand for more amount than the cheque amount - Notice is improper notice - Complaint not maintainable...........
