Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Identity of signatory of a cheque is not a question to be considered by trial Court...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against partners - Complaint not disclosing that at the time the offence was committed petitioner was in any way incharge of and was responsible for the conduct of the business of the firm - Complaint quashed against petitioner...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Normally double the amount of cheque is awarded - Court u/s 357(3) Cr.P.C. can award unlimited amount of compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 235 -- Dishonour of cheque - Sentence - Quantum - In summons case, no separate opportunity of hearing on the question of sentence is required to be given to the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner disputing liability less than the cheque amount - Can only be decided when parties lead evidence - Complaint cannot be quashed on this count...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint alleged to be false and filed with ulterior motive - Complainant of its own or on getting opportunity can drop proceedings against certain accused - If complainant does not voluntarily drop proceedings then in that event Court while deciding the matter finally can pass observations or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Must be signed by the complainant - Non signing of complaint by complainant is a curable defect and complainant can later on sign the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Parties compromised and fresh cheque issued - Said cheque also dishonoured - On accrual of fresh cause of action complaint filed - Complaint on fresh cause of action is not liable to be quashed - No justification for interference u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank draft sent after filing of complaint - Complaint cannot be quashed - Payment and receipt is to be proved by adducing evidence in support thereof...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque must be presented within six months to the bank of drawer and not to the bank of drawee - If cheque is not presented before 6 months to the bank of drawer then it would absolve him of criminal liability under the Negotiable Instruments Act...........
