Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuances of process when accused not residing within jurisdiction of Court - It is obligatory for the Magistrate to postpone the process and make inquiry and after being satisfied, the process could be issued and there is no exception to this proposition on..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Complainant admitted factum of compromise between parties vide compromise deed wherein it was mentioned that entire amount of cheque has been received by him - Held, petitioner directed to deposit Rs.10,000/- with Distt. Legal Service Authority for compounding of offence -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay loan advanced by complainant and her husband got dishonoured - Accused did not deny execution of cheques - No tenable explanation was offered by accused why no reply was sent to notice - His only case is that he was caused to execute cheques..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque dated 13.09.2010 was presented in bank and intimation of dishonouring of cheque was received on 22.09.2010 - Notice of demand was issued on 04.11.2010 - Held, notice has been issued after lapse of 30 days from date of intimation received by opposite party - Furthermore,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - Petitioner No.1 had resigned from firm nearly one year prior to issuance of cheques - Held, it cannot be said that he was responsible for issuance of cheques or that he was incharge and responsible for day-to-day affairs of firm -..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - Petitioner No.2 was authorized signatory of company - Except issuance of covering letter on behalf of company, there is no allegation of either issuance of cheques or being incharge of day-to-day affairs of company - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at place `B' where complainant undisputedly resides - Held, Court at place `B' has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account - Cheque contained name of two persons - Cheque signed by one person - Non signatory of cheque cannot be prosecuted u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account - It is only the drawer of the cheque who can be prosecuted - In case of issuance of cheque from joint account, a joint account holder cannot be prosecuted unless the cheque has been signed by each and every person - Prosecution against non signatory joint account holder quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Complaint - Enquiry - Petitioners reside beyond territorial jurisdiction of Magistrate - Complaint never posted for enquiry - Held, there has been an infraction of mandatory provision of sub-s.(1) of S.202 Cr.P.C. - Such infraction vitiates order taking..........
