Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner disputing liability less than the cheque amount - Can only be decided when parties lead evidence - Complaint cannot be quashed on this count...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint alleged to be false and filed with ulterior motive - Complainant of its own or on getting opportunity can drop proceedings against certain accused - If complainant does not voluntarily drop proceedings then in that event Court while deciding the matter finally can pass observations or..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 8, 22, Indian Penal Code, 1860, Section 147, 224, 323, 504, 506, 420, 427, Criminal Law Amendment Act, Section 7, Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, Section 4 -- Bail - For treatment of epilepsy, banned drugs under NDPS Act found stored and sold in clinic of applicant - Drugs..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Must be signed by the complainant - Non signing of complaint by complainant is a curable defect and complainant can later on sign the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Parties compromised and fresh cheque issued - Said cheque also dishonoured - On accrual of fresh cause of action complaint filed - Complaint on fresh cause of action is not liable to be quashed - No justification for interference u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank draft sent after filing of complaint - Complaint cannot be quashed - Payment and receipt is to be proved by adducing evidence in support thereof...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque must be presented within six months to the bank of drawer and not to the bank of drawee - If cheque is not presented before 6 months to the bank of drawer then it would absolve him of criminal liability under the Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Director - Complaint cannot be quashed on the ground that at the relevant time he was not the Director of Company as this question can only be decided at the trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2), 143 -- Cheque dishonoured - Sentence of fine of Rs.1, 25, 000/- - Power of Magistrate to impose fine Rs.5, 000/- only - Sentence of fine modified and fine of Rs.5, 000/- imposed and in default of payment of fine petitioner to further undergo 15 days simple imprisonment...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Dishonour of cheque - Complaint filed by a person not authorised by company to present complaint against accused - Complaint not maintainable...........
