Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Accused should raise his pleas before trial Magistrate u/ss 251, 263(g) Cr.P.C. - Along with his pleas, he can file necessary documents and can also file an application u/s 145(2) of the Act to recall complainant to cross examine him on his plea of defense - However, only after..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Presumption - Rebuttal - Accused recorded his statement u/s 313 Cr.P.C. but not adduced any evidence to rebut the presumption that cheque was issued for consideration - Once the facts came on record remain unrebutted and supported with evidence on record..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Joint liability - Cheque issued by husband - Prosecution of husband and wife - Wife seeking quashing of complaint on the ground that dishonoured cheque was issued by her husband and not by her and account in question is not a joint account and that she was neither signatory to the cheque nor cheque..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint does not disclose any averments which shows that accused was in charge of conduct of business of company except stating that she was one of Directors of Company - Statutory requirement as contemplated u/s 141 of the Act, not fulfilled or complied with - Complaint..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Applicability of S.219 Cr.P.C. - There is no bar to lodge a single complaint in respect of more than one offence punishable u/s 138 of the Act - Thus, S.219 Cr.P.C. would not apply to proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question was dishonoured on 24.12.2018 and complaint was filed on 24.5.2019 - S.143-A of the Act is thus, applicable - Matter rightly remitted to Magistrate to consider complainant's application for grant of interim compensation u/s 143-A of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complaint dismissed by Magistrate by invoking S.256 Cr.P.C and not on merits - One more opportunity is thus, given to complainant to proceed with the case - Order of dismissal of complaint set..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Necessary averments in the complaint that accused were director of company and they were in charge and responsible for conduct of business and even cheque was issued by A-2 - It is not necessary that in averments of complaint particular terminology that `person accused was in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Amicable settlement between parties and complaint u/s 138 of NI Act withdrawn - Proceedings u/s 174-A IPC cannot be permitted to continue...........
