Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Business transaction between parties entered into at Kolkata - Cheque issued by petitioner, in course of business transaction, in favour of respondent were alleged to be dishonoured - Respondent/complainant has its office at Kolkata - Complaint u/s.138 of NI Act..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 177, 178, 179, 180, 181, 182, 183, 184, 185, 186, 187, 188, 462 -- Dishonour of cheque - Complaint - Wrong territorial jurisdiction - Effect - Held, S.462 Cr.P.C. says that no proceedings in a wrong place shall be set aside unless it appears that such error has occasioned a failure..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal of - Validity - Case of respondent/complainant that cheque given by petitioner/accused on account of transaction that took place between parties got dishonoured - Petitioner has not paid any amount after receiving notice from respondent - Lower Court took cognizance and after..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Conviction - Sentence of fine - Power of Magistrate - Held, in view of conferment of special power and jurisdiction upon 1st class Magistrate u/s.143 of N.I. Act, ceiling as to amount of fine stipulated in S.29 (2) CrPC removed - In regard to any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Cognizance of offence - Serious allegation made against complainant that he has made a statement on oath before Magistrate, Jaipur stating a different set of facts which, if considered ousts jurisdiction of Court at Hamirpur - Only a photocopy of statement has been placed on record - Petitioner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Restricting jurisdiction to one Court by agreement - Applicable to civil case and not to a criminal case - Criminal case can be filed in any court where jurisdiction arose and that cannot be curtailed by any private agreement - Law applicable to civil cases relating to such agreement..........
Constitution of India, 1950, Article 32,20(3),21,226, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482,483, Indian Penal Code, 1860, Section 420,468,471 -- Criminal complaint filed against respondent No.2 by petitioner u/s 138 NI Act - Contention on behalf of petitioner that his cross-examination at behest of respondent No.2 is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Legality - Complainant has made necessary allegation against petitioners and other co-accused persons that they were directors in company, had issued cheque, assured for payment and notice had been served upon them - Held, averments were sufficient..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint sought on the ground that cheque book and passbook got lost, after death of petitioner's husband and respondent misused the same - Held, plea is factual in nature and cannot be examined by High Court in its jurisdiction u/s 482 of CrPC -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Plea that petitioner is not the signatory of cheque - Held, this is a question of fact which is required to be examined by trial Court after recording evidence of parties - High Court in its jurisdiction u/s 482 of CrPC cannot examine..........
