Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioner apart from being a designated Director of company, is not shown to have been involved in affairs of company and more particularly in course of business transaction that are subject-matter of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Inherent powers - Exercise of - Held, while exercising jurisdiction u/Art.226 of Constitution of India or u/s.482 Cr.P.C. High Court will not enter into disputed questions of facts to find out as to whether cheque was issued as security cheque or was not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for non prosecution - Challenge to - Absence of petitioner/complainant on the date fixed and failure in taking steps for issuance of summon seems to be bona fide - Held, petitioner should not be left remediless - Impugned orders set aside - Complaint restored to its original number..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complaint filed beyond period of limitation - Held, dismissal of complaint justified - Acquittal proper - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Earlier cheque as well as new cheque, both were blank, signed and undated - Instead of returning old cheque, complainant filled up the amount and date in cheque, deposited the same in bank, where the same was dishonoured - Both the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque in question was issued by SBI, Kesinga Branch and it was also returned unpaid by said drawee bank for insufficiency of funds which comes within jurisdiction of JMFC, Bhawanipatna - Held, offence was partly committed within jurisdiction of JMFC,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Conviction - Non-compliance of provision of S.202 Cr.P.C. - Effect - Magistrate took cognizance on perusal of complaint petition, initial statement and documents filed with complaint petition which were sufficient to make out a prima facie case - Held, no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Held, while prosecution has to prove its case beyond reasonable doubt, defence can prove its case by mere preponderance of probability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A witness whose name does not appear in the list of witnesses can be examined as a witness - Admissibility of evidence has to be decided at the time of final stage of the case...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - As per averments made in complaint petitioner has issued cheques to complainant under his signature - Plea of petitioner that cheque in question was signed by `M' and not signed by him, therefore, he ought not to have been..........
