Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint beyond period of limitation - Court can take cognizance on sufficient cause - Amendment in provision of S.142 of the Act is retrospective in nature and is applicable to pending cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Two cheque of the value of Rs.55, 500/- - Fine imposed Rs.2500/- in each case without any direction to pay amount due on cheques bounced - Complainant should at least be compensated with the amount due by the accused on the cheque issued by him - That should be the rule unless there are good..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque - Dishonour - Police cannot entertain a complaint under Sections 3 & 5 Cr.P.C. - Holder of cheque has to file a complaint before Magistrate...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Cheque can be presented any number of times within its period of validity or within a period of six months from the date of issuance and on each occasion when the cheque is dishonoured the petitioner gets a fresh cause of action to file complaint and the limitation would be computed from that point of time...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Company includes firm - Prosecution can be launched either against company alone, or person in charge of affairs of company alone, or both together - Firm when prosecuted alongwith partner who had signed the cheque - Held, there is no irregularity...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- List of witnesses when not given to accused - It is always open to the accused to approach the Trial Court and insist for the list of witnesses - Proceedings cannot be quashed on this ground alone...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- List of witnesses - Though the wording of S.204(2) Criminal Procedure Code is mandatory, it is only in the nature of directory and non-furnishing of list of witnesses is only an irregularity which can be cured under Section 465 Criminal Procedure Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Witness when not cited in the list of witnesses - Court can allow such witness to be examined under S.311 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 190(a) -- Cognizance of offence - Magistrate who has received complaint of offence is deemed to have already taken cognizance of offence when he proceeds to record sworn statement of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Jurisdiction - Both places, i.e. place where cheque was handed over and place where it was dishonoured have jurisdiction...........
