Negotiable Instruments Act, 1881, Section 138, 142 -- Court within whose jurisdiction the cheque is dishonoured has got jurisdiction to entertain the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Cheque dishonoured - Notice issued - No complaint filed - Cheque again presented on request of accused - Cheque again dishonoured - Drawee competent to prosecute under S.138 on second dishonour...........
Constitution of India, 1950, Article 136, 142 -- Appeal - Power of Supreme Court - Not restricted by appellate provisions enumerated in Criminal Procedure Code or other statute - In an appeal filed u/s 19 of TADA, Supreme Court had wide and residual powers to deal with situation to enhance sentence without any right of accused to be heard on findings of conviction already..........
Constitution of India, 1950, Article 142 -- Powers of Supreme Court very wide and can be exercised to meet the ends of justice - Any order passed in exercise of powers under Article 142 - Cannot be treated at a lower pedestal than that of an order passed by any Court of competent jurisdiction - Contention that order passed by Supreme Court while exercising powers under..........
Negotiable Instruments Act, 1881, Section 138, 142 -- - Cheque issued by H and dishonoured - Complaint against H and his wife as the loan was for purchase of car in the name of wife - Complaint against wife quashed - Provision contemplates punishment only against the drawer of the cheque but not others...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque endorsed in favour of a third party - Cheque dishonoured - Complaint filed by original payee - Complaint is not maintainable as the payee as lost every right over the cheque by endorsing the same in favour of third party...........
Constitution of India, 1950, Article 32, 142, 145(5) -- Public Interest Litigation - The established procedure of the Court under Article 32 is that the public interest litigation is not adversarial - It is one of collaboration and cooperation between the State and the Court - The rigour of the pleadings of the reliefs sought for in adversarial litigation has been softened..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Limitation - Delay - Cannot be condoned under any provision of law - Period prescribed under the Act is not the period as such, but is a condition precedent as such and that period cannot be extended by any means...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- `Person incharge and responsible' - No allegation in the complaint that petitioner was responsible to the company or was incharge of the company - No act or negligence attributed to him - Complaint qua the petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque can be presented to Bank for collection any number of times during its validity and last dishonour could be treated as cause of action to serve notice on drawer and file complaint under Section 138 - However, if once payee sends notice demanding payment from drawer of cheque then he loses..........
