Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 380, 467, 468, 471 -- Anticipatory bail - Offence u/ss 380, 467, 468, 471 IPC - Petitioner had stolen cheque book from office of her son and misused the cheque book - Petitioner filed a complaint u/s 138 of the Act - Issue as to whether cheque has been duly executed or not is a matter which is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Non-response to notice - Would not automatically result in petitioner being considered as a Director of company...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Complainant could not controvert fact that present petitioner was not a Director of company - Even, there is complete absence of averments in complaint that petitioner was in any way responsible for conduct of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Compensation - Appellate Court is required to direct appellant as a matter of rule to deposit at least 20% of the amount of compensation awarded by trial Court...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of NI Act withdrawn as parties compromised - No useful purpose will be achieved by keeping the proceedings u/s 174-A IPC alive - FIR u/s 174-A IPC quashed...........
Negotiable Instruments Act, 1881, Section 4, 78, 8 -- Kisan Vikas Patras (KVPs) issued by Post Office - Fraudulent encashment - KVPs is in the name of appellants - Payments made to `R' who not being a holder is not a valid discharge u/s 78, r/w S.8 of the Act - Respondents as maker of KVPs have not discharged the liability in terms of S.78 of the Act, as payment to `R' was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm arraigned as accused in complaint - Proprietorship is not a company - Provisions of S.141 of the Act thus, have no bearing to the case - Petitioner no.2 being proprietor is solely responsible for all its action and liability including liability to face prosecution u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of process - Once Court issues process to accused on a complaint u/s 138 of the Act, there is no provision for recall of process - Only provision for stopping proceedings in a certain cases is given in S.258 Cr.P.C...........
Indian Penal Code, 1860, Section 420, 406 -- Cheating - Criminal Breach of trust - Dispute is regarding dishonor of cheque - Only permissible remedy available to complainant would have been to file a complaint u/s 138 of Negotiable Instruments Act - However, no action is taken under said Act - Moreover, accused has not been imputed the intention to cheat complainant at the..........
