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...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Leave to appeal - As per complaint, accused was on business terms with complainant and he used to borrow money from her time to time - However, during cross-examination complainant deposed that she was not running any business and has no knowledge regarding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Quashing of proceedings - Notice received back with endorsement `addressee left the place' - Thereafter notice sent by Court upon registration of private complaint also returned with different endorsement `accused went outside' - Deliberate evasion of receipt of registered notice would amount..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Proclaimed offender - Determination - Petitioner has already given undertaking that he would submit to the process of law and would furnish bail bonds to the satisfaction of trial Court - Direction given to petitioner to appear before trial..........
