Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint u/s 138 of the Act - Once affidavit u/s 145(1) of the Act, has been filed, case reaches the stage of S.145(2) of the Act and in such cases complaint cannot be returned for want of jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Revision against conviction - Accused convicted and sentenced to undergo R.I. for period of 6 months and compensation of Rs.2,30,000/- and in default of payment of compensation to further undergo R.I. for one month - Since entire payment of cheque has been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177, 182, 184, 220(1) -- Dishonour of cheque - Jurisdiction - Issuance of three cheques for repayment of loan - Two cheques payable at place `G' and one cheque payable at place `D' - All the cheques dishonoured - Complaint regarding dishonour of all the three cheques filed at place `G' -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of three cheques for repayment of loan - All the three cheques related to one transaction - The moment all the three cheques were dishonoured the offence will be deemed to have been committed jointly for all the three dishonoured cheques...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning order - Revision against - Held, revision is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Complaint u/s 138 of the Act and separate complaint against accused u/s 420 IPC - Maintainability - Ingredients of offence punishable u/s 138 of the Act and S.420 IPC are completely different and in case where prosecution fails u/s 138 of the Act, accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - Dropping of proceedings at notice stage cannot possibly be equated with recalling of summoning order...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Notice u/s 251 Cr.P.C. - At the stage of framing of notice u/s 251 Cr.P.C. trial Court is not expected to function like a post office and to mechanically frame notice, but is rather bound by law to apply its mind to find out whether prima facie case is made..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Framing of notice u/s 251 Cr.P.C. - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioner be not insisted upon by trial Court upon his filing an application u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account of `Either or Survivor' - It is drawer of the cheque who is liable - Joint account holder, who has neither signed nor issued the cheque in question, is not liable for the offence u/s 138 of the Act...........
