Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney who filed the complaint needs to aver that he has knowledge of complete transaction...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - If a payee is a company complaint has to be filed in the name of company...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - S.142 of the Act does not specify as to who should represent company, if company is complainant - A company can be represented by an employee or even by a known employee, who is duly authorized and empowered to represent the company either by resolution or by a power of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 5% of amount of compensation - Appellate Court has power to direct accused to deposit amount which shall be a minimum of 20% of fine or compensation as awarded by trial Court - No interference warranted in the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Matter has been settled and complete settlement amount has been repaid - Offence u/s 138 of the Act is compounded - Order declaring accused as proclaimed offender and FIR u/s 174-A IPC quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of five cheques - Single complaint - Cheques were issued by husband and wife for same cause of action and a common notice was issued against accused - Single complaint is maintainable for all dishonoured cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed question of fact involved in the case - Issuance of cheques are not denied - Once cheque is issued, presumption is always there in the light of S.139 of N.I Act - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact can only be adjudicated after parties have duly adduced their evidence - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obligated to make a just and equitable choice and cannot go beyond its..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factual questions in the nature of defence are raised by accused - Such disputed questions has to be decided by examination of parties and cannot be considered in a petition u/s 482 Cr.P.C - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Signature on cheque alleged to be forged - Certified copy of specimen signatures maintained by Bank can be procured with a request to Court to compare the same with the signature appearing on the cheque by exercising powers u/s 73 of Evidence Act...........
