Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Trial - Transfer of case to another court - Recording of evidence afresh - Legality of - Held, it is only where a Court has tried the case summarily and then the case has been transferred to another Judge or other Magistrate, it would be necessary for..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Proceedings against director - Averments - Held, mere averment of persons being i, charge of and responsible to company in the conduct of its affairs i.e., averments in the nature of verbatim reproduction of S.141 of NI Act, would not suffice - Averments should be such as would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence is compoundable - Parties allowed to compound in appeal - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Notice - Limitation - Starts to run from the date when notice is delivered and not from the date when acknowledge is received...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Delay - Condonation of delay - Application for condonation of delay has to be filed at the time of filing of compliant - Such an application filed at the stage of final hearing rightly rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Agreement to sell - Earnest money paid - Agreement did not materialise - However, respondent No.2 on instructions of petitioner issued cheque, of amount of earnest money, in favour of purchaser - Cheque bounced when presented for encashment - Held, since petitioner was not signatory to cheque in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner No.1 who was working with complainant company allegedly misappropriated huge amount to the tune of Rs.17.00 lacs - Both petitioner No.1 as well as his wife petitioner No.2 assured to repay the said amount and issued cheques in discharge of this liability - Cheques issued by petitioner..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Lack of territorial jurisdiction - Cheque drawn and dishonoured in Mumbai - Notice sent from Delhi but was served in Mumbai - Held, Delhi Court does not have territorial jurisdiction to entertain complaint - Complaint returned for presentation before competent Court - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Trial - Petition for recall of witness - Dismissal of - Petitions challenging impugned order of dismissal were already dismissed by High Court - Held, question of recall of witness had been negated with finality - No interference is called for...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused ready to pay double the cheque amount - On deposit, proceedings shall be treated to be closed...........
