Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Civil suit also filed for recovery of the cheque amount - Proceedings u/s 138 of the Act cannot be quashed on ground of filing of civil suit for recovery of cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Delay - Accused summoned and thereafter some evidence recorded - Held, once the evidence is already recorded in the complaint then it is not a fit case for quashing the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Accused summoned - Some evidence recorded - Quashing of complaint sought at that stage - Held, appreciation of evidence does not fall within the domain of proceedings u/s 482 Cr.PC. for quashing of the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against Chairman, Joint Managing Director and three Directors - Allegation that they were officers and responsible for the affairs of the company - It is sufficient compliance within the meaning of S.141 of the Act - Complaint cannot be quashed on the ground that there is no..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 29, 357 -- Dishonor of cheque - In the backdrop of non-obstante clause contained in S.142 of NI Act, Judicial Magistrate may direct the convict to compensate complainant u/s.138 of the Act which may extend to twice the amount of the cheque which returned unpaid to the payee or the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - S.141 of the Act provides for a constructive liability - A legal fiction has been created thereby - The statute being a penal one, should receive strict construction - It requires strict compliance of the provision - Specific averments in the complaint petition so as to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on affidavit - Summoning of deponent to be examined towards examination-in-chief - No ground whatsoever disclosed - Held, Court is not bound to summon the witness on a mere application...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Provision of S.145 of the Act is an exception to the normal rule as envisaged in S.200 of Cr.P.C. that the complainant would be required to give his evidence by appearing in person and by making statement on oath before the Court...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Notice - Two notices served - Complaint silent as to first notice - Accused to raise this issue at the time of framing of charge...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of signatory without prosecution of company itself - Difference of opinion as to whether signatory only can be prosecuted without prosecution of company - In view of difference of opinion matter referred to larger bench...........
