Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Dismissal of complaint in default - Magistrate before dismissing the complaint in default should record reasons as to why he does not deem it proper to adjourn the hearing - When no such reasons are forthcoming, complaint ordered to be restored...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non appearance of accused due to illness - Process not issued - Single default not sufficient to dismiss the complaint in default when cause shown by complainant for absence is not disbelieved...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount through paper publication - Provision of S.138 of the Act not complied with - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(4) -- Dishonour of cheque - Sentence - Compensation - Value of dishonoured cheque more than Rs.1.4 lakhs - Sentence of simple imprisonment till the rising of the Court and fine of Rs.5000/- imposed by the trial Court - Held that in addition to the sentence of imprisonment and fine as..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques issued in advance towards future rental liability - No existing or past liability at the time of issuance of cheque - For prosecution u/s 138 of the Act it is necessary that cheque should have been issued in respect of either past or current existing debt or other legal liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued in advance towards future rental liability - Premises taken on rent - Premises vacated before the expiry of lease period in breach of agreement - Held, there is no legal obligation on the part of accused to effect clearance of cheque issued towards the rental liabilities for the period he..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - It is necessary to specifically aver in complaint that at the time offence was committed, the person accused was in-charge of and responsible for conduct of business of company - Without such an averment in complaint the requirement of Section..........
Negotiable Instruments Act, 1881, Section 138, Companies Act, 1956, Section 446 -- Dishonour of Cheque - Provision of Section 446 of Companies Act has no application to the provisions of Section 138 of Negotiable Instruments Act - Section 138 of NI Act has overriding effect over section 446 of Companies Act - Order staying proceedings under section 138 because of Section..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security for repayment of debt - It is a negotiable instrument - Dishonour of cheque - Drawer of cheque incurs liability of prosecution under Section 138 of the Act...........
