Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date - Once a cheque is returned because of material alterations as regards date the same does not come within the purview of prosecution u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence u/s 138 of the Act is both technical as also one involving no moral turpitude...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Summons - Magistrate can dispense with personal attendance of accused at the time of issuance of summons - There is no impediment whatsoever for a fair and efficient trial if only a summons u/s 205 Cr.P.C. is issued in all prosecutions u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - In a prosecution u/s 138 of the Act discretion u/s 205 Cr.P.C. must be exercised in favour of accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 205 -- Dishonour of cheque - Summons - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case plea of accused can be recorded through his counsel...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 313(1)(b) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case examination of accused u/s 313(1)(b) Cr.P.C. can also be dispensed with...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205(2) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - If accused is acquitted or accused is convicted and sentenced with a fine only then it is not necessary to insist on personal presence of accused to receive judgment - However, if sentence is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 273 -- Dishonour of cheque - At stage of defence evidence, there is no obligation for accused to personally appear...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(3) -- Dishonour of cheque - Summons issued dispensing with personal attendance of accused - Such an accused when directed only to appear to receive judgment must be held to be person to whom the benefit of S.389(3) is available...........
