Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Power of attorney - When can be examined - Held, power of attorney holder can institute a complaint as well as examine himself u/s 200 Cr.P.C. but it is possible only when he is personally aware about the facts and circumstances of the transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Application filed by accused for sending cheque in question for examination to Forensic Science Laboratory rejected - Validity - Held, accused deserves an opportunity to adduce evidence in defence or to rebut statutory presumptions available in favour of complainant in trial u/s.138 of NI Act -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243(2) -- Evidence Act, 1872, S.73 - Dishonour of cheque - Denial of signature by drawer - Held, in case of denial of signature of drawer of a cheque, best witness would be concerned Bank Manager and not a handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, Criminal Procedure Code, 1973, Section 482 -- - Dishonour of cheque - Cheating - Quashing of complaint - From testimony of complainant and that of bank official it is prima facie seen that though petitioner was not partner of firm, but he had so represented and executed receipts and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Validity - Cheque was drawn on 23.11.2002 and period of six months within which, it could be presented to bank on which it was drawn, expired on 22.05.2003 - However, cheque was presented by complainant on 23.05.2003 i.e. one day after expiry..........
Constitution of India, 1950, Article 32,20(3),21,226, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482,483, Indian Penal Code, 1860, Section 420,468,471 -- Criminal complaint filed against respondent No.2 by petitioner u/s 138 NI Act - Contention on behalf of petitioner that his cross-examination at behest of respondent No.2 is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Contention that petitioner No.1 (director of company) have resigned from board of directors much prior to issuance of dishonoured cheque - No specific allegation against petitioner No.1, especially in the light of reply of notice - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Concurrent findings of Courts below regarding conviction of revisionist - No illegality, impropriety and irregularity in the judgment and orders passed by Courts below - Held, no interference is called for - However, sentence of simple imprisonment of three months..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Contention that criminal complaint is not maintainable as against petitioner in respect of offence punishable u/s 138 of NI Act and one punishable u/s 420 IPC - From record of the case, it can not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Held, no format is required for notice to be issued u/s 138 of NI Act - It is sufficient to specify cheque amount in notice - Object of notice u/s 138 (b) of the Act is to inform drawer of cheque of particulars of cheque and specific payment by complainant - In present case, object..........
