Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Civil suit also filed for recovery of the cheque amount - Proceedings u/s 138 of the Act cannot be quashed on ground of filing of civil suit for recovery of cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Delay - Accused summoned and thereafter some evidence recorded - Held, once the evidence is already recorded in the complaint then it is not a fit case for quashing the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Accused summoned - Some evidence recorded - Quashing of complaint sought at that stage - Held, appreciation of evidence does not fall within the domain of proceedings u/s 482 Cr.PC. for quashing of the complaint...........
Consumer Protection Act, 1986, Section 2(1)(d)(ii) -- Consumer - Beneficiary - Complaint maintainability - Due to the own mistake of Insurance Company Insurance policy issued in the name of erstwhile owner though he had no interest in the same after transfer of vehicle - The cheque for insurance premium also paid by transferee whose name stood in registration certificate -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against Chairman, Joint Managing Director and three Directors - Allegation that they were officers and responsible for the affairs of the company - It is sufficient compliance within the meaning of S.141 of the Act - Complaint cannot be quashed on the ground that there is no..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 29, 357 -- Dishonor of cheque - In the backdrop of non-obstante clause contained in S.142 of NI Act, Judicial Magistrate may direct the convict to compensate complainant u/s.138 of the Act which may extend to twice the amount of the cheque which returned unpaid to the payee or the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Post dated cheque - Director who resigned before presentation and dishonour of cheque cannot be prosecuted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - S.141 of the Act provides for a constructive liability - A legal fiction has been created thereby - The statute being a penal one, should receive strict construction - It requires strict compliance of the provision - Specific averments in the complaint petition so as to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on affidavit - Summoning of deponent to be examined towards examination-in-chief - No ground whatsoever disclosed - Held, Court is not bound to summon the witness on a mere application...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Notice - Two notices served - Complaint silent as to first notice - Accused to raise this issue at the time of framing of charge...........
