Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where payee is a company, complaint should necessarily be filed in the name of company and a power of attorney holder or agent cannot file complaint in his personal capacity...........
Negotiable Instruments Act, 1881, Section 138, 143A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Order passed u/s 143-A NI Act, either allowing or rejecting the application - Order passed is intermediate order and not interlocutory order - Revision lies against such an order - Petition u/s 528 BNSS is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Income Tax Act, 1961, Section 269SS -- Dishonour of cheque - Cash transaction of Nine lakhs - Any violation of S.269SS of Income Tax Act does not render the transaction unenforceable u/s 138 of the Act or rebut the presumptions u/s 118 and 139 of NI Act. (Paras7 & 8)..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Appellate Court must make efforts to prioritize hearing appeals filed against conviction u/s 138 of the Act and decide the same within 60 days of filing and not later than 90 days where appellant is not in a a position to deposit compensation amount as ordered..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Any initial defect as regards authorization at the time of initiation of complaint is a curable defect which can be subsequently cured during the course of trial or even at the appellate stage...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18 -- Contraband - Solitary independent witness not examined by prosecution and given up as having been won over - PW3 stated that independent witness had come to place of recovery at about 7.30 A.M. which is much prior to apprehension of accused, who was allegedly apprehended at about 8.30 A.M - Consent..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 52, 57 -- Contraband - Non-compliance of provisions of Ss.52, 57 of the Act - No special report sent by I.O. to his immediate superior officers and investigation was also not verified by any Gazetted Police Officer - I.O. did not comply with directory provisions of Ss.52 and 57 of the Act - Rather it appears..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Production of documents - Case fixed for arguments - Documents in question are statement of account being maintained by public bank in usual course of its business - Documents are necessary in order to prove transactions between parties for showing existing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where drawer of a cheque intentionally appends a different signature on cheque, which does not match with his specimen signature available in bank, offence u/s 138 of the Act would be constituted against drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a drawer intentionally with a view to prevent honour of cheque, makes overwriting/alterations in cheque, either in amount mentioned in cheque or in the date mentioned therein, without authenticating these overwritings or alterations, offence u/s 138 of the Act would get attracted...........
