Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque was issued to complainant bearing stamp of company which got dishonoured - Held, at this stage presumption of dishonour of cheques for insufficiency of funds u/s.118 and 139 of the NI Act would have to be drawn against accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of proceedings - Except the averments, that directors were i, charge and responsible to company nothing has been stated as to what part was played by directors petitioners and how they were..........
Criminal Procedure Code, 1973, Section 482, Representation of the Peoples Act, 1951, Section 125A, 79(b), 32, 33, 33A -- Criminal proceedings - Quashing of - Affidavit contained a false averment and the Form 2A filed with nomination contained false statement, suppression of his previous conviction in a criminal case, was the basis of a complaint from returning officer, on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint filed against petitioner with mala fide intention and oblique motive to unnecessarily harass him - Complainant failed to appear in the case in spite of service of notice upon him twice - Held, entire proceedings liable to be..........
Negotiable Instruments Act, 1881, Section 138, 143(3), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Conduct of trial - Duty of Court - Held, proceedings under NI Act shall be conducted as expeditiously as possible - A duty is cast upon Court concerned to conclude trial within six months from date of filing of complaint - At least an endeavour has to..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 174, 175, Constitution of India, 1950, Article 20, Finance Act, 2008, Section 69 - - Retrospective amendment - Creation of offence - Effect of - Held, retrospective amendment by S.69 of the Finance Act, 2008 can ex-post facto ratify the acts of officers in issuing summons u/s 108 of the Customs..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Conviction - Validity - Cheque in question was issued by petitioner and it was dishonoured on account of "insufficient funds" - Legal notice of demand was received from complainant and neither replied same nor made payment of cheque amount - Neither..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 482 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Acquittal - Petition seeking leave to appeal filed alongwith application for condonation of delay of 28 days - Minor issues like absence of their main counsel on date fixed in trial Court, failure to give..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 120B, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Cheating & criminal conspiracy - FIR - Quashing of - No allegation in FIR that on date of transaction there was fraudulent intention on part of petitioners - No allegation that when cheques were issued, there was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Objection of petitioner that cheques were given for security of debt - Prima facie cheques were not given for security purpose but were given for payment of money lent to petitioner - Petitioner could not establish any of the ground..........
