Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Alteration in the year `96' - Amounts to material alteration - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Husband and wife took loan - Husband with consent of wife issued cheque - Cheque dishonoured - Wife is not liable - Proceedings against wife quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court at the place of office of Advocate who issued statutory notice has no territorial jurisdiction - Complaint ordered to be returned for its presentation before the proper Court...........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Affidavit in support thereof - Cognizance can be taken relying on affidavit as provision of S.145 of the Act permits filing of affidavit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back unserved as door locked for several days - It must be deemed that notice has been served - Order returning complaint set aside with a direction to take the complaint on file and proceed in accordance with law...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Cheque dishonoured - 'Account freezed' on account of winding up proceedings - Company having issued cheque for subsisting liability is bound to see that cheques are honoured at any cost - Freezing of account is not on account of act of complainant but it is on account of act of accused - Accused has to answer the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73, Criminal Procedure Code, 1973, Section 397, 401 -- Cheque - Signatures disputed - Defence evidence - Summoning of witnesses i.e. Bank Manager and hand-writing expert - One opportunity granted to produce the defence evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Local standi of complainant - Can only be decided at the time of trial - Complaint cannot be quashed on this ground...........
Negotiable Instruments Act, 1881, Section 138, 142, Constitution of India, 1950, Article 226, 227 -- Dishonour of cheque - Territorial jurisdiction - Complaint filed in a Court within jurisdiction of Calcutta High Court and Writ petition thereagainst filed in High Court of Kerala - For an offence u/s 138 of the Act complainant is required to prove the facts constituting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against L.R's of the person who issued the cheque - Not maintainable - Proceedings and process issued against L.R's quashed - Compensation of Rs.5, 000/- awarded for launching proceeding which was absolutely untenable in law...........
