Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Advocate for accused can record the plea on the first day u/s 205 Cr.P.C, for which written application by accused is not contemplated...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Magistrate allowed the prayer of Advocate of accused and dispensed with presence of accused, subject to advocate sign on plea - In case Advocate is willing to sign on plea in that case only such prayer for exemption..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Compounding of offence - Quashing of proceedings - Parties compromised the matter amicably - Entire compensation amount paid by accused - Continuation of proceedings will not suffice any fruitful purpose whatsoever - This is a fit case where inherent..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Appeal against acquittal - Additional evidence at appellate stage - Complainant sought to produce income tax return and order of conviction of accused in some other cases for dishonour of cheque - Additional evidence, if considered does not improve the case of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Hire purchaser agreement - Accused filed consumer complaint against manufacturer as vehicle was defective - Not a ground to quash complaint instituted by financier for dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Question whether cheque had been issued to discharge debt - To be ascertained during trial only - Correctness of allegations made in complaint cannot be ascertained in a petition filed u/s 482 Cr.P.C. - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Handwriting expert - Plea of accused as to misuse of cheque after obtaining it unauthorisedly - Evidence sought to be obtained is essential for arriving at a just decision of the case - There is absolutely no reason to indicate..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Application u/s 311 Cr.P.C. can be filed at any stage - Court should not go into technicalities of law and should do substantial..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
