Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint signed by lady as proprietor of firm - Statutory notice issued by her - Her Power of Attorney examined himself on behalf of her principal deposed that he was given power only for prosecuting complaint - Power of Attorney holder, neither has any personal knowledge of entire transaction,..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint dismissed for non-prosecution - Thereafter second complaint filed which was beyond period of limitation - Held, bar of limitation is mandatory - Order of cognizance in second complaint hit by bar of limitation...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Signatory of cheque - Averment - Held, averments that a person is incharge of and control of day to day administration is not required for a person who has signed the cheques...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing - Cheque dishonoured on ground that it did not bear account number - Held, no ground to attract provision of S.138 of Negotiable Instruments Act, 1881 - Criminal proceedings liable to be quashed - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Appeal against conviction - Bail granted during pendency of appeal - Stay of 50% of compensation amount of Rs.1.50 lakhs ordered - Order modified - On deposit of 1/3 amount of compensation recovery of the remaining amount of compensation (Rs.1, 00, 000/-)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused summoned - Complaint sought to be quashed on the ground of non mention of date of service of notice in the complaint - It was mentioned in complaint that notice was served by registered post on correct address which was not received back - There is presumption of service of notice - Complaint..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal - Direction to deposit 50% of compensation - Modification - Petitioner convicted and sentenced to simple imprisonment for a period of one year and also directed her to pay fine of Rs.5,000/- and compensation amounting Rs.1,50,000/- - Appeal thereagainst..........
Negotiable Instruments Act, 1881, Section 138(c), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, a pre mature complaint after service of notice within fifteen days, if filed, is maintainable, but summoning order can be issued and cognizance can be taken after a period of expiry of fifteen days of service of notice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in course of business transactions and dishonoured when presented for encashment on ground of insufficient funds - Magistrate recorded his satisfaction to proceed and summon accused - Accused had ample opportunity to raise objection regarding his defence - Objection to recall order of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant also filed civil suit for recovery of cheque amount - Quashing of criminal complaint sought - Held, pendency of civil suit is no ground to quash criminal proceedings - Both civil and criminal proceedings in respect of same transaction are maintainable...........
