Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Quashing of complaint and summoning order - Where Director of company is arraigned as accused, then, Magistrate shall before taking cognizance in complaint against Director has to satisfy himself not only about existence of prima facie case but..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant alleges that accused required the money for construction of residential house - However, there is no evidence on record to prove that accused was constructing any residential house or that she had paid any bills towards the purchase of..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - As per S.143 of the Act, Magistrate has power to try cases summarily - However, Magistrate has discretion to try cases u/s 138 of the Act as regular summons case and not in summary manner but for that Magistrate has to pass an order...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 260, 262 -- Dishonour of cheque - Trial - In the instant case, evidence recorded by predecessor Magistrate as in regular summons case and not for purpose of summary trial - Absence of specific order by Magistrate to try case as a regular summons case cannot vitiate the trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Dishonour of cheque - Inadequate sentence - Revision is maintainable by complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Inadequate sentence - As per provision of S.138 of the Act, Court is competent to punish accused, who is convicted u/s 138 of the Act with imprisonment for a term which may extend to two years, or with fine which extend to twice the amount of cheque or with both - In the instant case, Court below only..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If a blank post dated cheque is provided to holder then he has right to fill in blanks and present the same to bank for encashment - The person, who hands over blank cheques acquiesces that holder would be at liberty to fill the same and present it to the bank for encashment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complainant having knowledge of dishonour of cheque prior to receipt of intimation from bank - Period of 30 days for sending notice has to be computed from the date of knowledge and not from the subsequent date of intimation received from bank...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company drawer of cheque - Complaint found not maintainable against company - Managing Director or other persons working in different categories of the company or the persons who are in charge and responsible to the conduct of the company cannot be prosecuted further and convicted thereunder on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company drawer of cheque - Complaint against Managing Director or persons employed in different categories of the company is not maintainable without company, the drawer of cheque, in array as an accused...........
