Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused summoned - Complaint sought to be quashed on the ground of non mention of date of service of notice in the complaint - It was mentioned in complaint that notice was served by registered post on correct address which was not received back - There is presumption of service of notice - Complaint..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Appeal - Direction to deposit 50% of compensation - Modification - Petitioner convicted and sentenced to simple imprisonment for a period of one year and also directed her to pay fine of Rs.5,000/- and compensation amounting Rs.1,50,000/- - Appeal thereagainst..........
Negotiable Instruments Act, 1881, Section 138(c), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, a pre mature complaint after service of notice within fifteen days, if filed, is maintainable, but summoning order can be issued and cognizance can be taken after a period of expiry of fifteen days of service of notice -..........
Criminal Procedure Code, 1973, Section 137, 133, 138 -- Public pathway - Encroachment - Existence of public pathway denied - Magistrate is obliged to enquire into the existence of public pathway - If it is found that denial plea is supported with any reliable evidence, Magistrate has to stay the proceedings of the case until the matter of existence of public right of way..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in course of business transactions and dishonoured when presented for encashment on ground of insufficient funds - Magistrate recorded his satisfaction to proceed and summon accused - Accused had ample opportunity to raise objection regarding his defence - Objection to recall order of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant also filed civil suit for recovery of cheque amount - Quashing of criminal complaint sought - Held, pendency of civil suit is no ground to quash criminal proceedings - Both civil and criminal proceedings in respect of same transaction are maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners of firm - Cheques shown to be signed by Respondent No.2 in capacity of authorised representative of Respondent No.1 - Material or record evidencing that Respondent No.2 participated actively in day to day..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice sent on correct address - It is deemed to have been served on sendee unless he proves that it was not really served and that he was not responsible for non service...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque presented before bank two times within a period of six months - Quashing of complaint sought u/s 482 of Criminal Procedure Code - Held, whether complaint could be filed within a period of one month after the date of cause of action is a mixed question..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Prosecution of partners - Quashing of - Complaints does not contain the necessary averments that petitioners were i, charge of and responsible of day to day affairs and conduct of the business of first accused firm at the time of..........