Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant - Evidence of prosecution was closed and accused was examined u/s 313 Cr.P.C. Held, learned Magistrate would have proceeded with disposal of case on merit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Can be filed through holder of power of attorney - Such attorney can also be examined in place of complainant if he has personal knowledge of the transaction in question or the bills had been signed by him...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default without recording reason as to whether personal attendance of complainant was essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Fact sought to be proved by way of additional evidence admitted in reply to the application - Instead of allowing the application its effect be examined by Court during course of arguments...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Within 15 days of the receipt of notice' means 15 days from the date of knowledge of the sender about the receipt of the notice - A.D. not received - Postal department informed that notice is delivered - Relevant date for the purpose of knowledge of receipt of notice is not the date when notice..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent on 2.3.2000 - A.D. not received - Postal departmental vide its letter dated 7.6.2000 informed the sender that notice was delivered on 11.3.2000 - Complaint filed on 6.7.2000 - Held, for accrual of cause of action it is knowledge of the sender about the date of receipt of the notice by the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Second cause of action is barred - Process issued quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place from where notice is issued in writing to the drawer of the cheque demanding payment of the cheque amount also is a place where part of cause of action arises...........
