Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - Cheque issued from joint account of petitioner and co-accused - However, cheque was not signed by petitioner - Petitioner not being drawer of cheque, cannot be prosecuted - Complaint qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Supreme Court can transfer case u/s 138 of Negotiable Instruments Act, if it is expedient for the ends of justice...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by `special attorney' appointed by Power of Attorney holder - Power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation - In the instant case company appointed power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Power of attorney holder - Having personal knowledge of the transactions - He has the capacity to depose...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence with condition to deposit 20% of amount as compensation - Where a conditional order of suspension of sentence has been passed by appellate Court, on non-fulfillment of condition, suspension order can be vacated - Impugned..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Provision of S.148 of the Act is mandatory - Contention rejected that appellate Court while granting bail, cannot make it subject to compliance of direction to deposit a part of compensation amount awarded by trial Court as provided u/s 148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter between parties amicably settled - Conviction and sentence set aside - Accused acquitted subject to deposit of 15% of cheque amount with H.P. State Legal Services Authority...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 82 -- Dishonour of cheque - Proclaimed offender - Merely because accused cannot be served either through ordinary summons or through bailable or non bailable warrants cannot be the basis for issuance of proclamation u/s 82 Cr.P.C...........
