Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial - Absence to record order for not trying the case summarily - Merely for this reason entire trial is not vitiated and Appellate Court cannot direct for a de novo trial merely on the ground that trial Court had not recorded the order for not trying the case summarily...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Mode of trial - Directions issued : (1) All the subordinate Courts must make an endeavour to expedite the hearing of cases in a time bound manner which in turn will restore the confidence of the common man in the justice delivery system. When law expects something to be done within prescribed time..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint before expiry of 15 days from the date on which notice is served - Held, it is no complaint in the eye of law - Cognizance of offence cannot be taken on the basis of such complaint - Merely because at the time of taking cognizance period of 15 days has expired from the date on which notice has..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed before expiry of 15 days period from the date on which notice is served - It is no complaint in the eye of law - Directions issued that payee or holder in due course may file a fresh complaint within one month from the date of decision in the criminal case and in that event, delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients required for making out a case u/s 138 of the Act - Law pronounced in case M/s Kusum M/s.Kusum Ingots & Alloys Ltd. v. M/s.Pennar Peterson Securities Ltd. and Ors. etc. etc.; 2000(1) Apex Court Journal 261 (S.C.) : AIR 2000 SC 954 : 2000(2) SCC 745 reiterated : (i) a person must have drawn a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through power of attorney holder - Power of attorney holder being husband of complainant has witnessed all transactions and he possesses due knowledge about them - He is associated with all transactions at all crucial stages - Power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount two lakhs - Accused convicted and sentenced to three months simple imprisonment and also to pay compensation of two lakhs - No ground to interfere with the well reasoned judgment and order - However, sentence reduced to already undergone which is 2-1/2 months and order as to payment of..........
Negotiable Instruments Act, 1881, Section 138, 147, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Compounding of offence - Lok Adalat - Matter already settled between parties - On their application matter was referred to Lok Adalat only for taking its imprimatur to said settlement - Accused has to deposit 15% of cheque amount in Court as per..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Unilateral act of presentation of cheque anywhere in country or issue of a notice of dishonour from a place chosen by complainant does not by itself confer jurisdiction upon Court from within whose jurisdiction such presentation is made or notice issued - Complaints rightly returned for..........
