Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque dated 13.09.2010 was presented in bank and intimation of dishonouring of cheque was received on 22.09.2010 - Notice of demand was issued on 04.11.2010 - Held, notice has been issued after lapse of 30 days from date of intimation received by opposite party - Furthermore,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - Petitioner No.1 had resigned from firm nearly one year prior to issuance of cheques - Held, it cannot be said that he was responsible for issuance of cheques or that he was incharge and responsible for day-to-day affairs of firm -..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - Petitioner No.2 was authorized signatory of company - Except issuance of covering letter on behalf of company, there is no allegation of either issuance of cheques or being incharge of day-to-day affairs of company - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at place `B' where complainant undisputedly resides - Held, Court at place `B' has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account - Cheque contained name of two persons - Cheque signed by one person - Non signatory of cheque cannot be prosecuted u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account - It is only the drawer of the cheque who can be prosecuted - In case of issuance of cheque from joint account, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person - Prosecution against non signatory joint account holder quashed...........
Consumer Protection Act, 1986, Section 2(1)(b), 2(1)(c), 2(1)(d), 2(1)(o), Electricity Act, 2003, Section 126, 135, 136, 137, 138, 139, 140 -- Unauthorised use of electricity or theft of electricity - Consumer complaint against final order of assessment u/s 126 and against any action taken u/ss 135 to 140 of Electricity Act is not maintainable before the Consumer Forum -..........
Evidence Act, 1872, Section 138 -- Cross examination of co-defendant - Permissible where defendant demonstrates that co-defendant's evidence would adversely affect his interest...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Petitioners reside beyond territorial jurisdiction of Magistrate - Complaint never posted for enquiry - Held, there has been an infraction of mandatory provision of sub-s.(1) of S.202 Cr.P.C. - Such infraction vitiates order taking..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Complainant working abroad at the time of issuance of notice - Instructions can be given to counsel over telephone or in writing or through electronic media, to issue notice...........
