Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - It is mandatory and a condition precedent to make a conditional order absolute that Magistrate shall take evidence - Report or information received by Magistrate before passing conditional order is no evidence against party...........
Criminal Procedure Code, 1973, Section 133, 138 -- Issuance of conditional order u/s 133 Cr.P.C. - Procedure - Conditional order cannot be made absolute without party (complainant) being called upon to substantiate the allegations, which necessitated the passing of conditional order by producing legal evidence - Views of Magistrate is no substitute for legal evidence that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Rebuttal - No document to prove loan transaction - Evidence on record shows probable version given by accused is correct - Complainant failed to prove his case against accused beyond shadow of reasonable doubt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Admittedly, complainant has no friendly relationship with accused, hence, there is doubt that why complainant will give such a huge amount without getting executed any security document - Even, there is nothing on record to show any..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Condonation of delay and enquiry u/s 202 Cr.P.C. - Magistrate condoned delay without application of mind to the issue of delay nor delay condoned before issuance of summons - Non application of mind as to whether enquiry u/s 202 Cr.P.C. is required -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. whether attracted even for offence u/s 138 NI Act - Question of law left open...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Vicarious liability - It is evident from record that present petitioner is director and share-holder of company and company runs business of giving software solutions to its customers - Apart from this, company..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 256, 262 -- Dishonour of cheque - Dismissal in default - Complaint at stage of final arguments - Trial Court wrongly dismissed complaint for no, appearance of complainant as presence of complainant was not required on that day - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence - Offence by company - 18 complaints were filed for dishonour of 18 cheques and accused convicted for S.I. of 1 year and to pay fine of Rs.5 lakh in each case and to undergo 6 months S.I. in case of no, payment - As per evidence on..........
