Criminal Procedure Code, 1973, Section 239, Electricity Act, 2003, Section 135, 138, 151 -- Discharge - Offence u/ss 135, 138 of Electricity Act - As per S.151 of Electricity Act cognizance can be taken only on the basis of written complaint made by the competent authority - However, said provision was amended by Act of 2007 whereby a proviso was added making cognizance by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 - - Compounding of offence - Cannot be thrusted upon complainant, simply because, accused wishes so - Offence can only be compounded, where both the parties to the litigation are in agreement to the same...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dismissal of complaint u/s 138 of N.I Act - Remedy available to victim is to seek special leave to appeal u/s 378(4) Cr.P.C, whether victim is complainant himself or somebody else...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Six cheques - One complaint - Cheques given in relation to the same transaction - S.219 Cr.P.C. not an impediment to the summoning of accused persons...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Petition for quashing summoning order on the basis of some technical defect is clear cut abuse of the process of law - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
