Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Debt or liability - Accused took 150 grams of gold from complainant which he did not return - On pressure of police accused issued cheque towards payment of price of gold - Presumption of discharging of liability stands rebutted - Transaction with regard to gold is of civil nature - Police had no..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 62, 64, 65 -- Summons - Service - Case dismissed for non payment of registered postal charges - There is no procedure for issuance of process to an accused by post - If service of summons is not fruitful then Court can issue bailable or non-bailable warrant of arrest - Order as to payment..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by partnership firm - S.69 Partnership Act is not applicable to proceedings u/s 138 Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 482 -- Dishonour of cheque - Complaint - Dismissal for default - Setting aside order - Charge framed - Complainant pursing complaint for two years - Magistrate could adjourn the case and could dispense with personal attendance of complainant - Efforts of Magistrate should be to..........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Not to be dismissed - At best, complaint can be adjourned and further proceedings commenced after expiry of 30 days...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque for insufficiency of funds - Factual dispute with regard to service of notice raised by Petitioner - Held that the question of facts as such cannot be gone into u/S.482 Cr.P.C. - To be decided during the course of trial - Petition liable..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheques - Complaint filed for more than three cheques - No ground to quash the complaint - Court may separate the trial to be in conformity with the provisions of S.219 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - It can await maturity or be returned to the complaint for filing later and its mere presentation at an early date need not necessarily render the complaint liable to be dismissed or confer any right upon the accused to absolve himself from the criminal liability for the offence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Condition of expiry of 15 days after notice applies to taking cognizance and not to filing of complaint which can be kept pending as premature till prescribed time...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Not presented personally by complainant but presented by his Advocate - Complaint, held, validly presented...........
