Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed within one month of accrual of cause of action - No fault can be found, on the ground of limitation, with the summoning order...........
Constitution of India, 1950, Article 142 -- Exercise of power under Article 142 of Constitution - Parameters are as follows: (i) Jurisdiction can be exercised to do complete justice between the parties - It cannot be exercised to nullify the benefits derived by a large number of litigants based on judicial orders validly passed in their favour who are not parties to the..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction of Court - Cheques were presented by complainant in the Bank at Haridwar Branch where he is maintaining his account, where cheques were dishonoured - Court at Haridwar has jurisdiction to decide the case in view of S.142(2) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond the period of one month from the date of receipt of notice - Magistrate could not have taken cognizance of offence in view of provision contained in S.142(1)(a), (b) of the Act - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - If a payee is a company complaint has to be filed in the name of company...........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Complaint by company - S.142 of the Act does not specify as to who should represent company, if company is complainant - A company can be represented by an employee or even by a known employee, who is duly authorized and empowered to represent the company either by resolution or by a power of..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - If cheque is delivered for collection at a branch other than where payee or holder in due course maintains an account, branch of Bank where payee or holder in due course maintains the account shall be treated as branch of Bank for the purpose of S.142(2)(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction - Complainant maintains his account at `A' Branch - He has no account at `T' Branch - Even though complainant delivered the cheque for collection at `T' Branch of same Bank, by virtue of deeming provisions contained in S.142(2) Explanation of the Act, `A' Branch of the bank has..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Locus standi - Complaint at the instance of third party who is neither a payee nor a holder in due course is not maintainable, as he has no locus standi to prosecute accused in terms of S.142(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction of Court - When cheque is delivered or issued to a person with liberty to present the cheque for collection at any branch of bank where payee or holder in due course maintains the account and within the jurisdiction of Court, where such cheque was presented for collection will..........
