Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - There is no bar under Cr.P.C against permitting a complainant to amend his complaint, as there is no specific provision in Cr.P.C dealing with amendment of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Name of bank wrongly mentioned in the complaint - There is no dispute about cheque number and its issuance by accused - Mistake is a simple infirmity which is curable by means of formal amendment and by allowing such amendment no prejudice would be caused to complainant -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Name of bank wrongly mentioned in the complaint - It is curable infirmity which can be cured through amendment at any stage before pronouncement of judgment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque that has been place on record of trial Court also does not indicate as to on which branch the same has been drawn - Accused has in statement recorded u/s 242 of Cr.P.C, specifically denied having issued cheque and further stated that account in question does not pertain to accused - Question of..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Bar of limitation - Two Cheques dishonoured on 31.03.2020 and 22.04.2022 - Issued notice of demand on 22.04.2022 and itself delivered on 22.04.2022 - Complaint filed on 10.06.2020 - Delay of 1 day - Complaint not barred by limitation in view of directions passed that period..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by Registered post - Service of notice upon accused cannot be denied in the light of S.27 of General Clauses Act, as per which, a presumption is raised in favour of complainant that notice had, in fact, been delivered...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No denial to signatures on cheque - Plea that cheque not issued in discharge of any legal enforceable debt but had been misused as in fact no goods had been received by him - Accused not able to raise a probable defence even while referring to the cross examination of complainant and his witnesses -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Conduct of accused extremely disturbing - No mitigating circumstances to reduce the sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder - Law as to : (i) Complaint can be filed through power of attorney holder; (ii) Power of attorney holder can depose and verify on oath to prove the contents of complaint; (iii) However, power of attorney holder must have witnessed the transaction as an agent of the payee or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In appeal against conviction Appellate Court set aside conviction and remanded the matter as accused was denied an opportunity to produce documents in defence and denied him opportunity to cross examine the relevant witnesses testimony - Order upheld...........
