Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cheque dishonoured issued in terms of settlement in Lok Adalat - Decree Holder need not to be driven to Court for filing a civil or criminal proceedings for the recovery of the amount covered by the cheque - Decree holder is entitled to get the decree for said amount with interest and costs,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Notice - Demand notice is not required to be served upon each and every partner - It is sufficient if notice is served upon the firm...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused filed application for compounding of offence - Application opposed by complainant - Held, if complainant disagrees with offer of cheque amount and refuses to compound the offence, Court has no power to mandate complainant to do so - As complainant apart from..........
Negotiable Instruments Act, 1881, Section 138(c) -- Dishonour of cheque - Premature complaint - Notice issued on 12.10.2010 - Complaint filed on 19.10.2010 - Complaint filed before accrual of cause of action, as 15 days period specified u/s 138(c) of the Act has not expired, is not maintainable - It is redundant to decide as to on which date cognizance was taken -..........
Negotiable Instruments Act, 1881, Section 138, 141, Constitution of India, 1950, Article 72, 226 -- Dishonour of cheque - Grant of pardon by President - Judicial review - Accused convicted and sentenced till rising of Court and to pay compensation of Rs.57,97,940/- to complainant and said order confirmed by Supreme Court - Even, President rejected clemency petition after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - It is the date of taking cognizance in the matter and not the presentation of complaint which matters - In the instant case cognizance was not taken on the date of presentation of complaint - Petition to quash proceedings dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 251 -- Dishonour of cheque - Exemption from personal appearance - Till arguments on the point of framing of notice u/s 251 Cr.P.C. are concluded, personal appearance of petitioners be not insisted by trial Court upon petitioners filing an application u/s 205 Cr.P.C. along with their..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C. not yet framed - Petitioner has an alternate and efficacious remedy available to them to urge the pleas taken herein before trial Court at the time of framing of notice u/s 251 Cr.P.C. - Inherent power to quash..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Substitution of complainant - Permissibility - Complaint u/s 138 of Act was lodged by a proprietary concern through its proprietor - During the pendency of trial, entire business of proprietary concern were taken over by a private limited company - Such company can seek substitution as a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Notice to company - There is no requirement to give separate notice to Directors of company - Such Directors who are in charge of affair of Company and responsible for affairs of Company, would be aware of the receipt of notice by the Company u/s 138 of the Act - If there is plea of Directors..........
