Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque filled up by some other person - In such cases, the person who actually wrote in the cheque can be examined to prove that he filled up the cheque, under instruction of accused or at his instance - When such evidence is not available prosecution can establish execution/drawing by placing..........
Negotiable Instruments Act, 1881, Section 138, 143(3) -- Dishonour of cheque - Complaint pending since 2004 - Trial Court directed to decide complaint case as expeditiously as possible...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 105, 105 -- Dishonour of cheque - Execution of non bailable warrants against a person living in United States - All steps taken to procure presence of accused failed - Procedure resorted to u/ss 82 & 83 Cr.P.C. and non bailable warrants issued - Accused living in United States - Execution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Signing of a blank cheque does not amount to due execution - Due execution means to give a cheque in its complete form - In case of issuance of blank cheque there can be presumption of authorisaton in favour of the person in whose favour it was issued to fill up the same to his..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant neither disclosed that demand notice was sent within 30 days of bouncing of cheque nor it has been disclosed that complaint was filed within 30 days of receipt of demand notice - Held, complainant could not comply..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Condonation - While considering application for condonation of delay, it is always desirable to take a liberal and not a rigid or too technical view and Court has to keep in mind that discretion in the case has to be exercised to advance substantial justice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 28 days in filing complaint - Condonation - Complainant being the only son of his father could not file the complaint in time as his father had suffered a fracture - Complainant is not required to explain delay of each and every day - It is sufficient if sufficient cause for delay is given..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Barring issuance of notice from Aurangabad, nothing material has taken place between petitioner and complainant within the jurisdiction at Aurangabad - Notice was served to petitioner at Tondapur, Taluka Jamner, District Jalgaon - Held, consequently, contention..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - All the cheques were drawn on a bank which is situated within territorial limit of Court concerned and as such Court concerned is not lacking of any territorial jurisdiction - Having gone through averment made in petition of complaint and initial deposition of complainant on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint can be filed by power of attorney holder...........
