Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Disputed questions of facts involved in the case, neither admitted by complainant nor apparent on face of record - Such type of disputed factual defences can be appreciated only by trial Court after parties lead their evidence - High Court committed grave error by interfering..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Stop payment - Complainant has not stated in the complaint that petitioner had no sufficient money in his account to pay amount of cheques - No enquiry made by Magistrate on this issue - Summoning order passed by Magistrate is against provision of S.138 of Act - Summoning..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of witness - Power of attorney can adduce evidence on facts relating to issuance of cheque, dishonour, issuance of notice and filing of complaint and these facts can be deposed with documents - However, he cannot depose to whatever has transpired..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - When cheque is not returned by bank for the reason of dissimilarity in the signature then it is not necessary to send the disputed cheque to the handwriting expert for his opinion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Expert opinion - Comparison of handwriting and signature - Signature on cheque not disputed - It is for the accused to prove that cheque in question was not issued to the complainant by him and was given to the complainant by his brother-i, law and for that purpose,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-signatory directors of company - Complaint is maintainable when there is averment that such directors are in charge of day to day business of company and responsible for the conduct of the business of the company - Complaint can be quashed when there are uncontrovertible material to show it..........
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Held, Magistrate can issue process to accused residing outside jurisdiction of Magistrate without holding an enquiry u/s 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Affidavit of verification of complaint - Magistrate can summon accused on the basis of affidavit of verification of complaint without there being a separate affidavit of examination-in-chief...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Magistrate while passing summoning order considered complaint, affidavit of complainant and other documents - Magistrate did not refer provision of S.143 of the Act - Held, it is not a ground to say that Magistrate has not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Proceedings not to be quashed on disputed factual defences of accused such as whether cheque was given as security or not and whether there was outstanding liability or not - Factual defences can only be decided by trial Court after recording evidence of parties...........
