Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence plea of accused - Once summoning order is issued in the case, it is obligation of accused to take notice u/s 251 Cr.P.C, if not already taken and enter his/her plea of defence before concerned Metropolitan Magistrate's Court and make an application, if they want to recall any witness...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Court does not find any material on record which can be stated to be of sterling and impeccable quality warranting invocation of jurisdiction of Court u/s 482 Cr.P.C at stage of summoning of accused - Moreover, defence as raised by..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of Negotiable Instruments Act and S.420 IPC - Dismissal of complaint on the ground that complainant is a money lender - Magistrate had not gone into merits of case as to whether necessary ingredients of S.138 of the Act were established or not -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - Normally complainant has to produce the documents at least before the commencement of examination of witnesses - In case there is some omission in that regard, it does not mean that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Production and proof of agreement relating to alleged transaction between complainant and accused - Case of complainant is not based on this document but it is based on dishonoured cheque - It is not that attempt of complainant in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - But complainant has got an explanation that document was given by him to his advocate and it got misplaced in another case bundle -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Plea that it is not proper or permissible to recall a prosecution witness after final hearing of the case - There is no illegality in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Belated stage - Additional evidence sought to be produced and proved after final hearing of the case - Court at any stage of inquiry, trial or other proceedings can act in one of three ways : (i) to summon any person as a witness; or (ii)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
