Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Application filed u/s 311 Cr.P.C. on behalf of complainant seeking his recall and re-examination has been dismissed - In present case, complainant who seeks to re-examine himself to bring on record documents which were admitted by him during..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Territorial jurisdiction - Petitioners contends that whether the respondent maintains an account with the Bank within the territorial jurisdiction of trial Court or not - Respondent submits that he presented the cheque with the Bank where complainant maintains his account - Trial Court directed..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Name of Managing Director stated first followed by post held by him in the company - There is no fundamental defect in the complaint...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - No elaboration in complaint as to authorisation - A Manager or a Managing Director ordinarily by the very nomenclature can be taken to be the person in-charge of the affairs of Company for its day-to-day management - It..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - Copy of authorisation - Not required to be signed by Board Members - It is wrongly concluded that Managing Director was not authorised...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company - Managing Director filed complaint on behalf of company - Authorisation of Managing Director to file complaint - It states that legal action has to be taken against accused for dishonour of cheque issued by him to discharge his liabilities and he is authorised to appoint..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - No resolution on record by company authorizing complainant to file complaint against accused - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Compliant filed at a place other than that where cheque was presented for collection and dishonoured - On this ground complaint cannot be sustained, hence, quashed...........
Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction to try the case - As per S.142(c) of the Act, offence u/s 138 of the Act shall be tried by a Judicial Magistrate of first class or a Metropolitan Magistrate and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Delay cannot be condoned without notice to accused and without granting him an opportunity of being heard in the matter...........
