Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheques drawn on a bank at Mandi Gobind Nagar (Punjab) - Cheques deposited by drawee in their account with bank at New Delhi - Cheque dishonoured - Notice of demand issued from Delhi - Held, Court at Delhi has jurisdiction to entertain complaint...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant alleged that cheque issued by accused for purchase of scrap of vehicle got dishonoured - Accused admitted that cheque was issued towards purchase of sand - Accused acquitted on ground that complainant could not prove that any scrap vehicle was sold by complainant..........
Negotiable Instruments Act, 1881, Section 138, 145, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Signatures differ - Complaint u/s 138 NI Act and u/s 420 IPC - Cognizance taken u/s 420 IPC - Evidence on affidavits - Not applicable to offence under Indian Penal Code - Process for an offence u/s 420 IPC cannot be issued without following procedure laid down..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complainant - Quashing of - Neither copy of notice as required under law has been given nor any documents have been filed indicating that such notice has ever been issued to petitioner - Held, merely making a bald statement in complaint without giving any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant failed to produce any document of his income or establish that he was capable of advancing a loan of Rs.72,000/- - Held, complainant failed to prove his case beyond reasonable doubt by establishing the source of the alleged loan - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hire purchase agreement - Once the financier had exercised the option of seizure of vehicle, post dated cheques obtained from purchaser cannot be presented for encashment after the seizure - Owner has to take recourse to other legal remedies for recovery of balance amount...........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 326(3), 264 -- Dishonour of cheque - Complaint - Re-trial - Affidavit of complainant - Held, S.326 Cr.P.C. applies to evidence which is `heard and recorded' by Court - Affidavit of complainant which is read into evidence in trial of offence in terms of legal fiction created by..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Private complaint - Discharge of accused - Validity - Proceedings u/s.138 of NI Act initiated on private complaints - Magistrate stopped proceedings midway and discharged accused on basis of compromise entered between parties - Held, merely because..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Trial - On the day when trial Court passed order disposing of private complaints and discharging or releasing accused, case stood posted not for hearing or disposal - On contrary case stood posted for consideration of an application filed by petitioner..........
Evidence Act, 1872, Section 138, 146 -- Non cross examination of a witness on a particular fact - Unchallenged part of his evidence is to be relied upon...........
