Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - Question as to whether notice was not served due to change of address or that accused subsequently prepared the drafts for payment were for the same very amount of dishonoured cheque and not for any other..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Negotiable Instruments Act, 1881, Section 138(c), 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Barred by limitation - Quashing of - Cheque in question was signed by petitioner on 10.03.2007 - Presented before Bank by respondent No.1 on 31.08.2007 for clearance - Cheque was returned on 15.09.2007 on the ground of insufficiency of fund..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Contention that no notice was received by applicant and that applicant has already paid the amount in dispute - Even if allegation made in the complaint as well as the documentary evidence brought on record are taken at their face value and accepted in their..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Applicants had given a cheque to complainant and same was dishonoured - Opposite party No.2 had given a legal notice to which applicants neither gave any reply nor returned money to opposite party No.2 - All submissions made at bar..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Complaint filed at Chandigarh, although cause of action had arisen at Jallandhar - Legal notice for demand of payment had been issued from Chandigarh - Held, Courts at Chandigarh do not have jurisdiction to try the complaint - Besides..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Contention of applicant that at the time of execution of sale-deed entire agreement amount i.e. Rs.5,56,000/- has been paid to seller before witnesses and cheque in question was given to seller in advance which he had assured to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Criminal complaint - Quashing of - Petitioner was resident of Faridabad - Cheques in question were drawn on Punjab & Sind Bank, Ajronda, Faridabad where petitioner was maintaining its account - Cheques though were deposited for collection by respondent through..........
Criminal Procedure Code, 1973, Section 110, 111, 482 -- Maintaining peace and good conduct - Issuance of notice - Quashing of - Absence of substance of information received by Magistrate - Effect - Applicant has challenged validity of impugned notice on the ground that it does not fulfill requirements of mandatory provision of S.111 Cr.P.C. and therefore, notice in..........
