Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Right of audience of accused in matter of condonation of delay - Magistrate shall hear complainant and accused person before prayer for condonation of delay in terms of proviso to Clause (b) to S.142 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Cognizance taken only on maturity of complaint - Case to be decided on merits...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction in two different cases - Sentences in both the cases to run concurrently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Set aside by High Court - Bill amount 1.61 lacs and cheque amount 1.86 lacs - Evidence of PW1 that accused was liable to pay a sum of 1.81 lacs and cash discount and sales tax - High Court misread the evidence of PW1 - High Court has not examined the matter in proper perspective - The..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint was not pre mature when process was issued - Order dismissing complaint set aside - Court to decide complaint in accordance with law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - Date wrongly noted by counsel - A party should not suffer because of negligence of his counsel - It would be too harsh on the petitioner to non suit him merely for his non appearance on one date - Complaint restored to its original number...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of three cheques - Accused convicted in all the three complaints - High Court ordered the sentences to run concurrently in all the three cases - Order upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Communicated addressed to the accused, number of cheque, date, amount and name of bank mentioned, reason for return of cheque as 'insufficient funds' mentioned, a request made to make the payment and a right reserved to initiate legal action in case of non payment - Held, communication shows..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheque for the second time - Held, if dishonour of cheque has once snowballed into a cause of action it is not permissible for a payee to create another cause of action with the same cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partner or proprietor of firm - Contradictory stands taken in notice and complaint - In the statement recorded u/s 313 Cr.P.C. it has not been put to accused whether he was a proprietor or a partner of the firm and what is his concern with the firm - Opportunity to explain not given - Considering the..........
