Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Conviction u/s 138 NI Act in two complaints filed by same complainant - High Court ordered that sentence in both cases shall run concurrently...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Concurrent running of sentence - Discretion can be exercised by trial Court, appellate court as well as the revisional court - High Court can exercise the power available u/s 427 Cr.P.C. by invoking jurisdiction u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured for the reason that it had no account number and it was without 'proprietary stamp' - No offence is made out - Offence u/s 138 is made out only when cheque is returned due to insufficient funds and amount exceeds the arrangement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Incorrect cheque number and date of presentation - Notice is not vitiated - The requirement of the provision of S.138 Proviso (2) is that notice should be in writing and there should be demand of cheque amount - In the instant case name of bank and cheque amount mentioned in notice found to be..........
Negotiable Instruments Act, 1881, Section 138 -- Company - Chairman - Summoning order against Chairman quashed as Chairman of a Company under Companies Act is not responsible for day to day business of the company nor it can be inferred as a person consented or connived in commission of offence merely because he is Chairman of the Company...........
Negotiable Instruments Act, 1881, Section S.138 -- Dishonour of cheque - Firm - Complaint or appeal by a person who is not proved to be a partner of the registered Company/firm is not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Cheque issued towards time barred debt - Cheque dishonoured - Accused is not liable...........
Negotiable Instruments Act, 1881, Section 138 -- Limitation Act, 1963, Section 19 - Dishonour of cheque - Appellant miserably failed to give any specific date, either in his complaint or in his examination-in-chief in respect of the last payment of installment or interest so as to bring his claim within time - He failed to show that the claim of the compiaint was not time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint maintainability - Appeal - Complaint and appeal filed by `L* as Managing partner of the appellant Company - Despite objections by respondent he failed to prove that he was partner of the company which is stated to be registered - Held that criminal complaint or the appeal filed on behalf of a..........
