Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm - Complaint against partner of firm - Complaint not filed against principal accused, the firm - No averment in complaint that partner was in charge of and responsible for the conduct of business of the firm at the time of commission of offence - Entire proceedings abuse of process..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 242(2), 253 -- Dishonour of cheque - Abuse of process of Court - Imposition of costs - Application filed by accused u/s.561-A of J&K Cr.P.C. for quashing of proceedings dismissed - Trial Court proceeded ahead and recorded statement of accused u/s.242 Cr.P.C. - Application filed by..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Dishonoured cheque returned by Bank on 07.02.2008 with an endorsement that funds were insufficient - Legal notice sent on 03.03.2008 demanding cheque money - First complaint filed on 29.04.2008 which was dismissed in default..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of order taking cognizance - Complainant received information of dishonour of cheque on 25.08.2008 - Demand notice issued on 6.11.2008 through registered AD - Held, demand notice issued much later of 30 days period as required u/s.138(b)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Comparison of disputed signature or writing by an expert - When a contention is raised that complainant had misused the cheque, then an opportunity must be granted to the accused for adducing evidence in rebuttal thereof - Cheque, allowed to be sent to handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint is maintainable on the basis of dishonour of cheque for the second time or successive dishonour of cheque even when despite issuance of notice complaint was not filed on the basis of dishonour of cheque for the first time - Prosecution based upon second or successive dishonour of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expert opinion for verification of handwriting and signatures - Signatures not specifically denied - S.20 of the Act authorizes the payee or holder in due course to complete an incomplete Negotiable instrument - There was no necessity to send the disputed cheque to hand writing expert for verification..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Law does not prescribe any format of notice - Law mandates demand for payment by giving a notice in writing - In the instant case letter fulfilling these requirements taken as a notice...........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 8, Rule 3, 5 -- Right of cross examination to a defendant who has not filed written statement - Held, a defendant who has not filed written statement has a right to take part in further proceedings and cross examine the plaintiff or his witnesses in order to demolish the plaintiffs case...........
Negotiable Instruments Act, 1881, Section 138, 124, 50, 51 -- Dishonour of cheque - Crossed cheque - Complaint by endorsee - Maintainability - Cheque was crossed and as it was written `a/c payee only' - Held, complainant who is only an endorsee of such a crossed cheque cannot maintain a complaint u/s.138 of N.I. Act...........
