Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Summary trial - Provision of S.256 Cr.P.C. applies - Non appearance of complainant on date fixed for appearance of accused - Magistrate has no option but to acquit accused unless he chooses to adjourn the proceeding to some other date...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4), 401(4) -- Dishonour of cheque - Complaint - Non appearance of complainant on date fixed for appearance of accused - Accused acquitted - Complainant had right to file special leave to appeal to High Court u/s 378(4) - No appeal filed - Revision is not maintainable before..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship concern - An employee of a proprietorship concern cannot be proceeded against u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability - Complaint must contain requisite averments to bring about a case within the purview of S.141 of the Act so as to make some persons other than company vicariously liable therefor...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Material alteration - Blank cheques issued and later they were filled - Fact that column relating to payee filled up later but the same does not amount to material alteration...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Only inference to be drawn is that payee is the complainant bank only...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan account number mentioned as against the payee in the cheque - Amount to be adjusted from current account to loan account - It is an in-house transaction - Cheque return memo is conclusive proof to show that cheques were presented for payment - Acquittal could not be sustained...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea that there was no legal liability on the part of accused to make payment towards goods delivered because of exaggerated bills - Plea not taken as a part of defence through cross examination - In reply to notice no such plea raised - Conviction not liable to be interfered with...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque drawn in Philibhit - Drawer's bank in Bareilly - Cheque presented in Delhi and dishonoured - Court at Delhi has jurisdiction to try the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complainant can proceed against some of the Directors, 'Deemed liable'...........
