Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Quashing of proceedings - Respondent No.1/complainant has stated in his reply that he had filed a complaint u/s.138 N.I. Act against petitioner under a belief that he was one of partners of firm whereas he came to know later on that firm..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Procedure to be followed - Held, when a case is tried as summary case, Magistrate who succeeds Magistrate who had recorded part or whole of evidence cannot act on such evidence recorded by his predecessor - In present case, it is not in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - First legal notice was issued on 16.09.1998 - - Second legal notice on 08.10.1998 - Complaint filed on 12.11.1998 - Held, complaint is barred by limitation...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Prosecution of employee and directors - No specific averment attributing specific role describing the manner as to how petitioners were i, charge and responsible to the conduct of business affairs of company -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Evidence recorded by two Magistrates - Acquittal - When a case is tried as a summary case a Magistrate, who succeeds the Magistrate who had recorded the part or whole of the evidence, cannot act on the evidence so recorded by his predecessor..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Summary trial - Delivering of judgment - Judgment was not delivered by Magistrate who recorded evidence - Judgment was delivered by his successor relying upon evidence adduced by his predecessor - Held, impugned judgment liable to be set aside - Case..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - From material on record and looking into facts of case it cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed questions of fact which cannot be adjudicated upon by High Court..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) Dishonour of cheque - Notice - Return of first notice with endorsement `Door locked and left' - Issued another notice after collecting correct address beyond prescribed period - Notice is invalid and cannot be treated as continuation of first notice - Proviso (b) to S.138 of the Act provides only issuance of one..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Trial - Held, there is nothing on record to show that Court after hearing parties recorded an order to the effect that it was not desirable to try case summarily and tried case in manner provided in Cr.P.C. - Successor Magistrate decided case on the basis..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 1973, 326 -- Dishonour of cheque - Summary trial - Procedure to be followed - Magistrate who delivered judgment did not record entire evidence in the case but relied on evidence recorded by his predecessor and delivered judgment acquitting accused - Validity - Held, in summary proceedings..........
