Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 482 -- Cheating - Double jeopardy - Quashing of proceedings - Earlier accused was acquitted u/s 138 of N.I.Act - Subsequently complaint filed u/s 420 IPC on the basis of same facts alleged in earlier complaint - Even though offence pleaded in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Cases under which the procedure of summons trial is adopted, there is no question of getting the benefit of exception of S.326(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings qua petitioner/accused No.4 - Offence by company - There is only specific averment with regard to role of accused No.1/company pursuant to loan agreement entered into between accused No.1 and complainant - In absence of specific..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Inquiry/investigation u/s 202 Cr.P.C. - Held, provision of S.202 Cr.P.C. is not applicable to proceedings u/s 138 of Negotiable Instruments Act...........
Criminal Procedure Code, 1973, Section 133, 138, 482 -- Removal of nuisance - Quashing of proceedings - District Magistrate gave certain guidelines to prevent causation of pollution from industrial units and abate nuisance to general public - Said order not satisfying essential requirements of final order u/s.138 Cr.P.C. - Held, District Magistrate is thus bound to proceed..........
Electricity Act, 2003, Section 135, 138, 151, Criminal Procedure Code, 1973, Section 154 -- FIR - Lodging of - Held, even when Magistrate is to take cognizance when a complaint is filed before it, that would not mean that no other avenue is open and complaint/FIR cannot be lodged with police - If offence under Cr.P.C. is cognizable, provisions of Chapter XII containing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cognizance of offence on the basis of affidavit - It is open to Magistrate to rely upon verification in the form of affidavit filed by complainant in support of his complaint - Magistrate is neither mandatorily obliged to call upon complainant to remain..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of five cheques - Five cheques - Single complaint - Since all the cheques were dishonoured on the same day and a single notice was issued demanding petitioners to repay the due amount and a single reply was given, thus single complaint held maintainable against dishonour..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque drawn by father of accused - It is the drawer of cheque against whom proceeding u/s 138 can be initiated with only exception provided by S.141 of the Act that is when an offence is committed by a Company, every person, who at the time the offence was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal against acquittal - Complainant granted leave to appeal before Session Court - Recalling of order - As per accused order was passed in absence of counsel of accused, hence it amounts to violation of principles of natural justice - Inadvertent mistake is..........
