Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three complaints - Parties compromised - Two complaints dismissed on the basis of compromise but third complaint retained - Compromise failed - It was incumbent upon Magistrate to have proceeded with the third complaint in accordance with law without taking recourse to the compromise in question - Order..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Material alteration in cheque - If payee or holder of cheque made alteration with consent of drawer on cheque, such alteration cannot be a ground to resist right of payee or holder thereof...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date of cheque - Accused produced Xerox copy of cheque wherein bank seal is visible - That itself disclosed that after bouncing of cheque it was xeroxed and it is evident that when cheque was issued, it was already tampered as the date was altered and it was within knowledge of accused - A..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant by power of attorney holder - Such power of attorney holder or legal representative should have due knowledge about the transaction in question - Power of attorney holder accountant of complainant and working under him - Under such circumstances, his knowledge itself is presumed and that has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Prayer to call for a copy of newspaper from the publisher - Every original piece of daily newspaper is believed to be in possession of different subscribers including the accused who asserts that particular information was published in the particular newspaper..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Extension of time for completing investigation - Conditions to be satisfied are, viz. (i) that there is a report of Public Prosecutor; (ii) that report of Public Prosecutor indicates progress of investigation; (iii) that report should specify compelling reasons for seeking detention of accused beyond..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A -- Default bail - Extension of time for completing investigation - Neither report of Public Prosecutor is on record of Court below, nor there is any reference to any such report of Public Prosecutor in impugned order of extension of time - Even, communication of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account blocked as there was conflict amongst partners - Complaint not quashed on this ground as it can be decided during trial only as to whether there was sufficient balance in the account to pay the cheque amount...........
