Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Opportunity of hearing must be given to accused before condoning delay - Impugned order passed, condoning delay, without issuing notice of application for condonation of delay to accused, set aside...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Complaint - Condonation of delay - Delay can be condoned only after giving an opportunity of hearing to the accused - If application is allowed only then Magistrate has to proceed further on the question as to whether accused is to be summoned or not...........
Constitution of India, 1950, Article 141, 142, 226 -- Writ Jurisdiction - Scope - Exercise of extra ordinary writ jurisdiction conferred upon Supreme Court under Article 142(1) of the Constitution is of no guide to the scope of Article 226 - Powers under Article 226 are not comparable to the powers of Supreme Court under Article 141 and 142 of the Constitution...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint dismissed for non-prosecution - Thereafter second complaint filed which was beyond period of limitation - Held, bar of limitation is mandatory - Order of cognizance in second complaint hit by bar of limitation...........
Hindu Marriage Act, 1955, Section 13, Constitution of India, 1950, Article 142 -- Divorce - Marriage between the parties broken irretrievably - Held, no ground to grant divorce by High Court - However, Supreme Court in exercise of power under Article 142 of the Constitution can grant divorce on this ground...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Can be instituted in writing but need not be signed by the complainant - Magistrate taking cognizance shall examine upon oath the complainant and his witnesses, if any, and reduce in writing the substance of such examination and such statement is required to be signed by the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Quashing of complaint sought on ground of jurisdictional error - Petitioner resident of Jaipur and does not have either a residence or place of work in Delhi - Cheque in question was drawn on back in Jaipur and was dishonoured by that bank at Jaipur - Notice of demand was not served upon petitioner..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place `D' other than that where cheque was presented for collection and dishonoured - Banker of payee, after receiving the cheque from him, is required to present it to banker of drawer - Complaint is to be filed at Court where bank of drawer is located -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of statutory period of notice - Court takes cognizance on the day when a direction was issued to record the evidence of complainant and not on the day the process to summon accused was issued - Complaint rightly dismissed as pre-mature...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the..........
