Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date - Once a cheque is returned because of material alterations as regards date the same does not come within the purview of prosecution u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence u/s 138 of the Act is both technical as also one involving no moral turpitude...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Summons - Magistrate can dispense with personal attendance of accused at the time of issuance of summons - There is no impediment whatsoever for a fair and efficient trial if only a summons u/s 205 Cr.P.C. is issued in all prosecutions u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - In a prosecution u/s 138 of the Act discretion u/s 205 Cr.P.C. must be exercised in favour of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205 -- Dishonour of cheque - Summons - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 313(1)(b) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case examination of accused u/s 313(1)(b) Cr.P.C. can also be dispensed with...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205(2) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - If accused is acquitted or accused is convicted and sentenced with a fine only then it is not necessary to insist on personal presence of accused to receive judgment - However, if sentence is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Absence of complainant - Mere absence of a complainant does not entail consequences u/s 256 Cr.P.C. - Presence of complainant can only be insisted if progress of the case demands such appearance - On all other dates from the date of filing of complaint to date..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Dissolved during pendency of proceedings before trial Court and converted to a company - Person authorised to represent the erstwhile firm has to take permission from Court u/s 302 Cr.P.C. to continue the proceedings, in view of the dissolution of the firm pending consideration of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 255(1) -- Dishonour of cheque - Complainant ceasing to be in existence or is not properly represented at any point of time - Amounts to absence of complainant - Court has to proceed u/s 256(1) and not under S.255(1) Cr.P.C...........
