Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Resolution passed whereby Managing Director authorised to 'Conduct proceedings on behalf of company' - Such expression does not include to file a complaint on behalf of Company...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by unauthorised person, resulting in acquittal of accused - Complaint company raised plea that there was resolution passed by company authorising Director of company to file complaint - However, no good reason assigned why this resolution was withheld from Court when issue of authority..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred complaint - Complaint cannot be considered on merits unless delay is first condoned - Before condoning the delay the accused is liable to be heard - Summoning order without notice and hearing the accused on delay condonation application set aside - Matter remanded back for decision afresh -..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Petitioner is a beneficiary and guarantor has issued cheque in question - He has not made any arrangement for depositing sufficient funds in bank - When cheque was presented it was returned as "funds insufficient" - Even after..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Condonation of delay and extension of time can be done only after giving the proposed accused an opportunity of being heard...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Exercise of power by Magistrate - Held, there is no dispute that trial Court has plenary jurisdiction and powers to summon any person as a witness or examine any person in attendance or recall and re-examine any witness, already examined..........
Negotiable Instruments Act, 1881, Section 138 -- Husband issued cheque from joint account of his and his wife - Cheque dishonoured - Held, wife cannot be prosecuted..........
Consumer Protection Act, 1986, Section 2(1)(g) -- Insurance policy renewal notice - Printed premium amount not scored out and hand written calculation clearly shown in the revised printed premium notice - Petitioner despite being an educated person sent cheque for a wrong amount by disregarding the hand written calculation resulting in discontinuity of insurance policy -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Petitioner's main contentions is that there is no legal and subsisting liability - Furthermore, complaint has been filed in the year 2006 and petitioner has come forward with quash petition on 18.05.2010 - Held, petitioner is trying to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Cheque amount Rs.2.20 lakhs - Accused facing trial for the last 13 years and already undergone four months of sentence - Sentence reduced to already undergone...........
