Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Full address of accused not mentioned in postal receipt - However, correct address of accused mentioned in the complaint and notice of demand - It cannot be presumed that notice was sent at the wrong address - Notice whether received by accused can be determined during trial - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Presumption of receipt of notice by drawer of cheque can be raised only if notice has been despatched through registered post to his correct address - Such inference cannot be drawn if notice has been sent on incorrect address of drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Seven cheques alleged to be issued but in the summoning order four other cheques included - In the summoning order it is mentioned that one memo was issued by bank for all the seven cheques whereas seven different memos of dishonour had been issued by the bank - Magistrate while..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by duly constituted attorney of bank and a copy of power of attorney annexed to the complaint - Magistrate was justified in taking cognizance of complaint and issuing process...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - An authorised employee of a company can represent the company - Once an averment to this effect is made in the complaint and a copy of power of attorney is annexed to the complaint, it is sufficient for Magistrate to take cognizance and issue process - However, when authority of such person is..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint filed through duly constituted attorney of bank - Statement of attorney as required u/s 200 Cr.P.C. not recorded - However, sufficient material on record viz. cheque in question, memo of dishonour, demand notice and receipt depicting issuance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint u/s 138 of N.I Act cannot be transferred as per convenience of accused - Since accused is a woman and a senior citizen, therefore, she can always seek exemption from personal appearance - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by husband - Wife cannot be made accused for dishonour of cheque issued by her husband when cheque was not issued from joint account - Wife and other two accused do not constitute a Company or a firm or Association of individuals as contemplated u/s 141 of N.I Act - Proceedings so far it..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Cheque in question was issued for and on behalf of Company - Complaint against Directors of Company without company arraigned as an accused is not maintainable - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - After spending 10 years in litigation - Precious judicial time of almost 10 years of Court consumed - Accused to deposit an additional sum of Rs.5 lakhs with Supreme Court Advocate-on-record Advocates Welfare Fund...........
