Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - If a payee is a company complaint has to be filed in the name of company...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - S.142 of the Act does not specify as to who should represent company, if company is complainant - A company can be represented by an employee or even by a known employee, who is duly authorized and empowered to represent the company either by resolution or by a power of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 5% of amount of compensation - Appellate Court has power to direct accused to deposit amount which shall be a minimum of 20% of fine or compensation as awarded by trial Court - No interference warranted in the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Matter has been settled and complete settlement amount has been repaid - Offence u/s 138 of the Act is compounded - Order declaring accused as proclaimed offender and FIR u/s 174-A IPC quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of five cheques - Single complaint - Cheques were issued by husband and wife for same cause of action and a common notice was issued against accused - Single complaint is maintainable for all dishonoured cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of order taking cognizance - Disputed question of fact involved in the case - Issuance of cheques are not denied - Once cheque is issued, presumption is always there in the light of S.139 of N.I Act - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact can only be adjudicated after parties have duly adduced their evidence - High Court in exercise of its inherent powers u/s 482 Cr.P.C is obligated to make a just and equitable choice and cannot go beyond its..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factual questions in the nature of defence are raised by accused - Such disputed questions has to be decided by examination of parties and cannot be considered in a petition u/s 482 Cr.P.C - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Signature on cheque alleged to be forged - Certified copy of specimen signatures maintained by Bank can be procured with a request to Court to compare the same with the signature appearing on the cheque by exercising powers u/s 73 of Evidence Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature on cheque alleged to be forged - Accused can procure certified copy of his specimen signatures from the Bank and request can be made to summon the concerned Bank Official in defence for giving evidence regarding the genuineness or otherwise of the signature on the cheque...........
