Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 495 -- Dishonour of cheque - Death of complainant during pendency of appeal against acquittal - Brother of complainant allowed to pursue appeal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability to pay - Pleading - Details as to how liability towards cheque arose need not to be pleaded - Pleading and proof is required that cheque was issued towards discharge of existing liability and it was presented for encashment and dishonoured for want of funds and he has complied with all..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Execution of cheque admitted - Presumption u/ss 118 and 139 of the Act is available that cheque was issued towards repayment of loan...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 223, 255, 482 -- Company - Dishonour of cheque - Complaint against Company, its directors and its officers who signed and issued cheques - Summons and warrants against Company and its Directors not served - Case split up - Prosecution continued only against officers who signed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Complaint filed against proprietorship concern through its proprietor but name of its proprietor not mentioned - Name of proprietor sought to be inserted by way of amendment - Amendment allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Proprietorship concern - It can be described as M/s ABC through its proprietor (Name of proprietor) or proprietor (name of proprietor) of firm M/s ABC etc. - It makes no difference - It does not cause any prejudice to the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Period of one month for filing complaint has to be reckoned from the date immediately following the day on which the period of 15 days from the date of receipt of notice by the drawer expires...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Cheque also subject matter of arbitration proceedings - Not a ground for stay of complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Petition for quashing - High Court dismissed petition for quashing complaint but transferred the case to another Court for which there was no prayer - Order of High Court set aside...........
Criminal Procedure Code, 1973, Section 133, 138 -- Proceedings u/s 133 Cr.P.C. are summary in nature - Order passed u/s 138 in a proceedings u/s 133 does not operate res judicata in case aggrieved party files civil suit to establish his right...........
