Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Five cheques - Joint trial - Plea that there can be joint trial for three offences - It would be within domain of trial Court to decide at the stage of framing of charges as to which of three offences should be tried together and trial judge would consider the feasibility of separation of trial for two..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused had issued cheques on behalf of company and company has not denied this fact - Company cannot be absolved of its liability and should be prosecuted in the criminal case along with responsible office bearers...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Commercial Manager - No specific role assigned to him - Rather some other co-accused were holding the post of Managing director, Executive Director etc. - Criminal prosecution of petitioner would be an abuse of process of law - Summoning order qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Change of loan amount - Reason stated to be typographical mistake - Amount mentioned in demand notice, complaint, affidavit of evidence, same - Loan amount cannot undergo a change because the same forms very basis of compliant - This would change the very nature and character of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - There was no proclamation for the date on which accused was declared proclaimed offender - 30 days period had not elapsed from the date of publication - There is thus clear violation of S.82 Cr.P.C - FIR u/s..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Suspension of sentence subject to deposit of 20% of compensation amount - No perversity in discretion exercised by first appellate Court - Impugned order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Magistrate neither received or called for any report from police regarding non-execution of bailable warrant, nor he was satisfied that accused was avoiding Court's proceedings intentionally - Non-bailable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Vacation of order of suspension of sentence upon non-payment of 20% of fine amount - Merely because condition to deposit 20% of fine amount was not imposed upon accused at the time of suspension of sentence, it cannot be held that vacation of order of suspension of sentence upon..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Merits of appeal filed by accused and their contentions cannot be considered while exercising powers u/s 148 of the Act...........
