Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Petition to quash order of cognizance - Concurrent findings of fact of two Courts below not open to interference - Accused to produce relevant documents in support of his evidence...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Limitation - Question as to whether cheque was presented to the drawer's Bank within limitation - It is a matter of evidence which can be decided at the appropriate stage at trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cheque in favour of Govt. company - Complainant when a public servant, the statute exempts examination of the complainant and the witnesses, before issuing process...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Payee should be the complainant - If company is the payee then complaint should be filed in the name of the company - A company can be represented by an employee or even by a non employee authorized and empowered to represent the company either by a resolution or by a power of attorney...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200, Indian Penal Code, 1860, Section 21 -- Harmonious consideration to be given to S.142 NI Act and S.200 Cr.P.C. - Dishonour of cheque issued in favour of Govt. Company - Complaint filed by company through public servant - Held, that in such cases company becomes a defacto..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of amount due under a promissory note - Without proving execution of promissory note and the consideration for it, an offence u/s 138 of the Act is not made out...........
Criminal Procedure Code, 1973, Section 91, 401, Income Tax Act, 1961, Section 138, 280 -- Income-tax proceeding - Production of documents - Power of court - Held, court cannot ask income tax authority for producing any documents relating to income tax proceeding and/or like unless same is required for public interest and/or public purpose...........
Criminal Procedure Code, 1973, Section 91, Income Tax Act, 1961, Section 138, 280 -- Production of documents - Prayer for - Rejection thereof - Trial court did not enquire whether documents called for by accused are necessary for purpose of trial or not or to whom same are lying which was obligatory on his part in view of S.91 of the Code - Trial court also did not state..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings cannot be quashed merely for the reason that arbitration proceedings are pending - There can be no bar to the simultaneous continuance of a criminal proceeding and a civil proceeding if the two arise from separate cause of action - Order of High..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Endorsement 'reported stolen' - Intention of drawer is clear that he wanted either to stop payment or dishonour the cheque - Dismissal of application to drop proceedings - Order upheld...........
