Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - No absence of Counsel for complainant in actual - Only delay in appearance - Held, principles of natural justice require that opportunity be given to complainant to fight out his case on merits - No prejudice would be caused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - Complainant, by holder in due course, on the basis of mere signatures on the back side of the cheque is not maintainable in absence of further endorsement to indicate passing of any consideration under the same and any date relating to date of transaction and date of endorsement...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Respondent/complainant alleged that petitioner/accused borrowed amount and cheque issued towards re-payment was dishonoured - Petitioner denied any connection with respondent - Signature of petitioner thereupon is in one ink while all other writings thereupon are in another -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ad-interim injunction granted by civil Court restraining drawee from recovering amount of cheque - Not a bar for initiating proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheque dishonoured with remark `Drawer's signature different' and `Funds insufficient' - In such a case it hardly matters whether drawer's signatures were different - It may be that petitioner acted dishonestly by camouflaging his signatures to cover real reason -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Complaint - Compounding of offence - There are chances of reconciliation between parties - Applicant/accused is ready to deposit cost - Held, therefore case may be sent to Mediation Centre for purpose of settlement between parties, where both parties will appear to settle their dispute - Applicant..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability of office bearers - Necessary averments - Complaint silent regarding specific averment that petitioners were "in charge of" and "responsible for the day to day affairs of the company at the relevant point of time" when the alleged offence was committed -..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 262, 263, 264, 265 -- Dishonour of cheque - Trial - Recording evidence by Court upon a preliminary objection - Held, in the NI Act, 1881 or in the provisions of Ss.262 to 265 of the Code there is no provision for recording evidence by Court upon a preliminary objection taken by an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 190, 403, 420 -- Dishonour of cheque - Second complaint - Quashing of - Prior to filing of complaint u/ss 190/403/420 IPC, respondent/complainant had already instituted a complaint u/s 138 NI Act on the same set of allegations - Respondent has failed..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Quashing of proceedings - When cheques in question came to be dishonored for which complaints have been filed are admittedly signed by original accused No.3 accepting personal liability to pay said amount to..........
