Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Applicability of S.202 of CrPC - Jurisdiction of Court - Choosing of - Held, complainant can choose any one of the court having jurisdiction over any one of the local areas in which any one of the five acts i.e. drawing of cheque, Presentation of cheque to..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Quashing of complaint - Dishonour of cheque - Want of specific demand - Validity of legal notice - Held, if in notice an omnibus demand is made without specifying what was due under dishonoured cheque, notice might well fail to meet legal requirement and may be regarded as bad..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Dispute as to loan amount and plea that a blank cheque was issued as security - An entry in the ledger book and income tax return containing the balance sheet showing a particular amount standing against the name of the accused - Held, this by itself is not sufficient to establish that there..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision - Concurrent finding by Courts below on the issue of fact that appellant had issued cheques against a liability and cheques were dishonoured and petitioner failed to pay amount despite demand notice - Both Courts had considered defence taken by petitioner that cheques were not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Transaction took place at Mandi Gobindgarh - Cheque drawn of a Bank at Mandi Gobindgarh - Complainant presenting cheque for collection at Delhi - Cheque dishonoured - Registered/head office of complainant at Delhi - Notice of demand served from Delhi - Held, court at Delhi has..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Complaint - Power of attorney holder of complainant `S', lodged complaint or initiated legal proceedings against accused u/s.138 N.I. Act by a written complaint - He was authorized to do that by complainant - Held, Magistrate has not done anything wrong by permitting..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Power of attorney holder - Complaint - Singing of complaint and Vakalatnama - Complainant has been permitted to continue with proceedings through her constituted attorney holder `S' - Held, there was no necessity of permitting complainant to put her signature on petition of complaint and..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence at pre summoning stage - Complainant can give evidence of his own as well as evidence of his witnesses by way of affidavit - Evidence of complaint on affidavit is not restricted to the complainant himself, but it also includes the evidence by way of affidavit of any other person, as a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Application for - Rejection of - Validity - Order of rejection was passed on merit and not because petitioners without appearing in Court moved such application - Held, order of rejection liable to be set aside - Order of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Sentence of imprisonment only - Revision against inadequacy of sentence - Revisional Court when finds that sentence is insufficient and the sentence awarded is illegal, then it can award compensation even if there is no alteration of the substantive..........
