Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326(3), 482 -- Dishonor of cheque - Summary trial - To be conducted as summary trial w.e.f. 6.2.2003 - Offence of dishonor of cheque committed before 6.2.2003 - No part of the trial held in a summary way and even accused never raised any objection to that - No prejudice can be said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Court in whose territorial jurisdiction drawee Bank is situated has territorial jurisdiction to entertain the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - `Bank' - Means the drawee bank on which the cheque is drawn and not all banks where the cheque is presented for collection including the bank of the payee in whose favour the cheque is issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting and signature comparison - Magistrate after scrutiny of cheque in question came to the conclusion that there is much resemblance of signature of accused that contained in cheque as well as admitted signatures of accused - Magistrate has specifically observed that if petitioner succeeds to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheques - Complaint - Quashing of - There is an agreement between some of accused persons and de-facto complainant, which, on face of it, informs that accused persons shall not put to use cheques held by them - According to complaint, other accused persons have sought..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Death of holder of cheque - It cannot be said that any of his heirs or legatee get right to issue notice and then lodge complaint - Only a person who is authorized by succession certificate, letters of administration or probate granted by the court, is entitled to call upon the drawer to pay the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque a valuable security - Forms part of movable property of the deceased - It can be inherited or succeeded to by the legal heirs of the deceased...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of drawee - Complaint at the instance of legal representatives is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Payee' & `Holder in due course' - Meaning - Payee is the person named in the instrument, to whom or to whose order the money is by the instrument directed to be paid - Holder in due course means any person who for consideration became the possessor of a promissory note, bill of exchange or cheque if..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque when presented to a bank other than that on which it is drawn - It is sent for collection and is to be presented for encashment to the bank on which it is drawn - Cheque is deemed to be presented only to the bank on which it is drawn - Jurisdiction of Court is at the place where..........
