Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Complaint u/s 138 of the Act - Offence by company - Accused was Director of company - He has resigned from directorship of company in year 2006 i.e. before bouncing of cheque - However, accused was signatory to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Mere bald statement that Director was incharge of and was responsible to company for conduct of its business is not sufficient to hold person guilty...........
Criminal Procedure Code, 1973, Section 482, 202, Negotiable Instruments Act, 1881, Section 138 -- Quashing of complaint - Dishonour of cheque - Issue of process has not been issued - Held, for holding an inquiry for the offence u/s 138 of NI act issuance of summons is not attracted...........
Criminal Procedure Code, 1973, Section 378, Negotiable Instruments Act, 1881, Section 138 -- Dishonor of Cheque - Appeal Against acquittal - Complainant and accused in lieu of some business venture exchanged the blank signed cheques - Complainant has not produced any evidence except the cheque in question to prove he has given any loan to accused - Accused has produced..........
Criminal Procedure Code, 1973, Section 378(4), Negotiable Instruments Act, 1881, Section 138, 139 -- Appeal against acquittal - Dishonour of cheque - Enforcement of debt - Presumption - Accused produced oral as well as documentary evidence that accused entered into business agreement with person A and both of them exchanged their two blank signed cheques - Complainant in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Application of respondent firm seeking permission of Court to lead evidence of one of partners of firm to prove some facts, allowed by Magistrate - Quashing of order - Applicant did not challenge the said order and also participated in the proceedings -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 482 -- Dishonour of cheque - Additional evidence - Application of respondent firm to examine its banker as a witness allowed by Magistrate - Validity - `A' always claimed to be partner of complainant-firm which claim was disputed by applicant - If any additional evidence was sought..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 473 -- Dishonour of cheque - Condonation of delay - Delay of 1 day in filing of complaint u/s 138 of the Act - In absence of any satisfactory explanation by complainant for delay, Magistrate, on his own, by taking into account facts and circumstances of the case, cannot condone delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Accused sentenced to undergo S.I. for 3 months and to pay compensation of Rs.2,60,000/- to complainant and in default to undergo S.I. for 4 months - Parties amicably settled the matter - Order of conviction and sentence set aside - Accused..........
