Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Evidence on affidavit - Evidence already given by complainant by way of affidavit is sufficient proof of offence - This evidence not required to be given again in terms of S.145(1) of the Act and has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - High Court cannot usurp powers of Metropolitan Magistrate and entertain a plea of accused as to why he should not be tried u/s 138 of the Act - This plea as to why he should not be tried u/s 138 of the Act has to be raised by accused before Court of Metropolitan Magistrate u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - Offence u/s 138 of the Act, is an offence in personal nature of complainant and since it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act, he alone has to take plea of defence and burden cannot be shifted to complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence evidence - An accused who considers that he has a tenable defence and case against him was not maintainable, he can enter his plea on very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence plea of accused - Once summoning order is issued in the case, it is obligation of accused to take notice u/s 251 Cr.P.C, if not already taken and enter his/her plea of defence before concerned Metropolitan Magistrate's Court and make an application, if they want to recall any witness...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Court does not find any material on record which can be stated to be of sterling and impeccable quality warranting invocation of jurisdiction of Court u/s 482 Cr.P.C at stage of summoning of accused - Moreover, defence as raised by..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of Negotiable Instruments Act and S.420 IPC - Dismissal of complaint on the ground that complainant is a money lender - Magistrate had not gone into merits of case as to whether necessary ingredients of S.138 of the Act were established or not -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - Normally complainant has to produce the documents at least before the commencement of examination of witnesses - In case there is some omission in that regard, it does not mean that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
