Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of cheque number - Cheque number was wrongly mentioned in complaint due to bonafide typographical mistake - Trial Court rightly allowed amendment of complaint...........
Hindu Marriage Act, 1955, Section 13(1)(ia), 13(1)(ib) -- Divorce - Cruelty and desertion - Petition by husband - Wife admitted that she left matrimonial home in 2011 and when her parents lodged missing complaint with police she turned up to her parents home - She voluntarily deserted husband by leaving his company - Wife failed to prove that she was subjected to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheque - Issuance of two cheques on purchase of product on credit - Two notices issued but single complaint filed - Offences that are committed as part of the same transaction can be tried jointly as per law laid down by Supreme Court wherein it is held that where..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Complainant proved the ingredients for offence u/s 138 of the Act - There is due compliance about issuance and service of notice - Accused tried to take defence of re-payment of loan amount, however, he could not substantiate it - Since complaint is pending since 2011, accused convicted for..........
Criminal Procedure Code, 1973, Section 156(3), 154 -- Complaint disclosing cognizable offence - Same not registered - Complainant approached High Court by way of Writ Petition, which was dismissed - Registration of FIR is mandatory if information discloses commission of cognizable offence - Complaint submitted by appellant to concerned respondents discloses commission of..........
Indian Penal Code, 1860, Section 195A -- Offence u/s 195-A - To give threat to a person to withdraw a complaint or FIR or settle the dispute would not attract S.195-A IPC...........
Indian Penal Code, 1860, Section 498A -- Cruelty - No evidence to prove that husband married for the second time - Wife herself admitted that though she had filed a complaint regarding her husband's alleged second marriage but she has withdrawn it long back - There is thus, no materials on record to prima facie prove that husband has allegedly married again - Mother of..........
Indian Penal Code, 1860, Section 379, 380, 34 -- Theft - Dispute between two brothers regarding theft of a Will left by their father - Civil suit filed by accused stands dismissed and appeal against the same also dismissed - It can thus, safely be said that criminal proceedings are nothing but an abuse of process of law - Moreover, ingredients of Ss.379, 34 IPC were..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Averment that appellants are busy with the day-to-day affairs of the company - This is hardly relevant in the context of S.141(1) of the Act - It cannot be concluded that appellants were responsible to the company for the conduct of the business - Complaint against..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Appellants are neither signatories to cheques nor are whole time directors - Statutory notice was admittedly not served to accused - Most important averment which is required u/s 141(1) of the Act that Directors were in charge of, and were responsible for the..........
