Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Amendment - Cheque number and date of information received from bank sought to be amended - Held, trial Court has inherent power to allow to rectify typographical mistakes to do justice between the parties - Criminal Courts have an auxiliary power subject to restrictions which justice,..........
Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death during pendency of proceedings - Not necessary that legal heirs or legal representatives only can continue the proceedings - A fit and proper person can be permitted to prosecute the petition...........
Negotiable Instruments Act, 1881, Section 138 -- Complainant - Death during pendency of proceedings - Sister - Can be allowed to continue the proceedings when legal heirs do not chose to come on record to prosecute the petition...........
Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Cheque dishonoured - Accused is guilty of offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- 'Stop payment' - Merely because the drawer issued notice to the drawee or to the bank for stoppage of payment it will not preclude an action under S.138 of the Act by the drawee or the holder of the cheque in due course...........
Negotiable Instruments Act, 1881, Section 138 -- Provision - Applicability - It is legally perverse to say that provision is applicable only in case of transaction involving Mercantile relationship...........
Negotiable Instruments Act, 1881, Section 138 -- Provision - Applicability - When it is a legally enforceable debt or liability then S.138 applies and relationship of parties is not at all a factor germane to the proceeding...........
Negotiable Instruments Act, 1881, Section 138 -- Complaint - Dismissed in default - Complaint restored on the ground that it was still at the initial stage of summoning the accused - No illegality...........
Criminal Procedure Code, 1973, Section 133, 138 -- Nuisance - Skins and bones of animals lying in the open which resulted into foul smell and pollution - Conditional order made keeping in view the report of Pollution Control Board and Tehsildar-cum-Executive Magistrate and notice of appearance issued - Pursuant to notice petitioner appeared but absented on the next date of..........
Negotiable Instruments Act, 1881, Section 138 -- Proprietorship concern - It is not necessary to implead the proprietary concern as a party when it is a sole proprietary concern...........
