Criminal Procedure Code, 1973, Section 372, 378, 190(a), 200, Negotiable Instruments Act, 1881, Section 138 -- Private complaint - Appeal against acquittal - Held, an appeal against acquittal of accused by complainant in a case instituted on a private complaint u/s.190(a) r/w S.200 Cr.P.C. will not lie u/s.372 Cr.P.C. before Sessions Court but lie before High Court with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence of compensation - Suspension of - Held, sentence of compensation imposed upon convict is also a sentence imposed upon him in the form of fine - In an application if Appellate Court passes an order qua suspension of sentence, subject to deposit of compensation so imposed or a part..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against a Director or Managing Director as authorised signatory of a cheque is not maintainable without arraying the company as an accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial - Evidence recorded in full and not in summary manner - Held, order of High Court directing fresh recording of evidence by successor Magistrate improper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant discharged his liability by proving cheque and issuance of demand notice - Onus of rebuttal of presumption not discharged by accused - Order of acquittal set aside - Accused directed to pay double the amount of cheque failing which to suffer R.I. for 2 years...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - 12 Cheques - One composite notice - Notice qua 11 cheques not within time - Notice qua one cheque within stipulated period of 30 days - Complaint in respect of 11 cheques quashed - Complaint, in respect of 12th cheque is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Cheque issued by 1st accused company got dishonoured - Bald averment in complaint that petitioners were also involved in day to day administration of company - Except allegations in complaint, there is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount along with interest - Amount demanded was more than cheque amount - Notice cannot be termed as defective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint prosecuted by Secretary of complainant society - Though accused has denied that PW1 was Secretary of society but he failed to led any evidence to prove that some other person was Secretary of complainant society - Thus, Secretary of complainant Society has locus standi to present the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Trial - Complainant has denied execution of compromise deed as alleged by accused - Plea of petitioner for comparison of respondent's signatures was rejected on ground that application should have been made after cross examination of complainant - Compromise deed is on..........
