Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Endorsement of `Refusal'- Postal peon is not required to be examined - Notice is deemed to be served when it is sent by registered post at the correct address - In that event burden shifts on accused to show that it was not really refused by the addressee and the sender of the notice managed to..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Account payee cheque issued in name of complainant company - Check dishonoured - Notice issued to accused company and its directors - No role was assigned in respect of each of accused persons - Before issuance of cheque, accused..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5, 3 -- Dishonour of cheque - Complaint - Delay in filing - Held, in a case u/s.138 of N.I. Act, Court is not bound to give a finding on aspect of limitation, even without a point being urged before Court...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - As per settlement, complainant has agreed that if cheque amount of Rs.50,000/- is allowed to be withdrawn which is deposited by applicant, he will not have any objection if conviction of applicant is quashed - Held, parties permitted to compound the offence - Revision..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Petitioner/accused accepted facts of issuance of cheque and signature in cheque - Held, respondent/complainant is entitled to invoke presumption u/s.139 of N.I. Act that cheque has been issued only for discharging of existing legal liability - Contention that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Wrong institution of complaint - Initiation of proceedings and taking cognizance by Magistrate who has no jurisdiction to entertain complaint - Held, it is only a curable defect which can be rectified by giving an opportunity to respondent to withdraw complaint and present same before Court of competent..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Complainant had averred that cheque was handed over by accused at Ernakulam - Contention that precise place where cheque was handed over has not been averred in complaint - Held, cheque was handed over at Ernakulam which is within the jurisdiction of Chief Judicial..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200, 4(1), 482 -- Dishonour of cheque - Quashing of proceedings - S.145 NI Act provides a procedure contrary to Cr.P.C for taking cognizance and trial of offences u/s 138 NI Act - It provides that for enquiry for taking cognizance, Court can take evidence through affidavits - Thus,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Concurrent running of sentences - Power of High Court - Accused/petitioner convicted in 11 different cases filed u/s 138 for different periods - Held, High Court has power to direct sentences to run concurrently...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 362 -- Payment of compensation/fine - Enlargement of time after final disposal of case - Does not amount to review of judgment...........
