Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Criminal complaint - Prosecution if ultimately found to be frivolous or otherwise mala fide, Court may direct registration of case against complainant for mala fide prosecution of accused - Accused is also entitled to file a suit for damages...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitting signature and amount mentioned in cheque - Failure of accused to give reply to legal notice or adduce rebuttal evidence - Mere variation in evidence of complainant will not come in his way to show that the cheques issued by was for legally recoverable debt - Therefore, accused liable..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent through private courier service - Presumption of service of notice is not available - Presumption of service of notice is available only when notice is sent by post, properly addressed, prepaying and sent by registered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at the place where money was intended to be paid has jurisdiction - Court at place where cheque was presented for realisation has no jurisdiction to try the offence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed through power of attorney holder - Authority letter or power of attorney whereby attorney was authorised to file complaint on behalf of company not filed - Complaint, held, rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Firm - Cheque issued in name of firm but complaint filed by a firm different from the one in whose name cheque was issued - Notice issued by firm which was different from the one in whose name cheque was issued - Notice issued in itself defective - Entire proceedings vitiated on this ground alone...........
Negotiable Instruments Act, 1881, Section 142, 138 -- Dishonour of cheque - Condonation of delay - An application or affidavit in support of application for condonation of delay is not necessary - Sufficient cause can be shown in the complaint itself or in the application for condonation of delay or in the affidavit, if any, or in other materials which would be sufficient..........
Negotiable Instruments Act, 1881, Section 142, 138 -- Dishonour of cheque - Condonation of delay - If there is a delay in filing complaint Court should give notice to the respondent and after hearing the respondent Court should satisfy itself as to whether complainant had sufficient cause for not making the complaint within the specified period - A detailed inquiry giving..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Notice - Prosecution of person incharge and responsible for the conduct of business of the company - Statutory notice to every person, including Director, who is sought to be prosecuted, is mandatory...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Notice - Prosecution of person incharge and responsible for the conduct of business of the company - Notice to company - Director or person incharge and responsible for the conduct of business of company cannot be prosecuted when notice is not issued to him - Statutory notice to every..........
