Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by duly constituted attorney of bank and a copy of power of attorney annexed to the complaint - Magistrate was justified in taking cognizance of complaint and issuing process...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - An authorised employee of a company can represent the company - Once an averment to this effect is made in the complaint and a copy of power of attorney is annexed to the complaint, it is sufficient for Magistrate to take cognizance and issue process - However, when authority of such person is..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Magistrate is forbidden from taking cognizance of offence if complaint was not filed within one month of date of which the cause of action arose...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Cause of action arose on 17.3.2018 - Complaint filed after delay of 7 days i.e on 25.4.2018 - No petition for condoning delay has been filed on behalf of complainant and without condoning delay, Court below has taken cognizance on complaint which was barred by limitation..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Pre-mature complaint - Not maintainable - Complainant would be at liberty to institute a fresh complaint - Complainant would be at liberty to seek the benefit of S.142 Proviso by satisfying the trial Court of sufficient cause for the delay in instituting the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Complainant having his bank account at place `H' and he presented the cheque there for collection - Intimation of dishonour of cheque received from Bank at place `H' - Court at place `H' has jurisdiction to try the offence...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Bar of limitation - Two Cheques dishonoured on 31.03.2020 and 22.04.2022 - Issued notice of demand on 22.04.2022 and itself delivered on 22.04.2022 - Complaint filed on 10.06.2020 - Delay of 1 day - Complaint not barred by limitation in view of directions passed that period..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Proprietorship firm - Burden to prove that it is a proprietorship firm lies on the complainant - Use of word `M/s' may also lead to an inference that it is a partnership firm - On the other hand, claim of complainant that it is a proprietorship firm not denied by accused - In such circumstances, it..........
