Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 177, 179 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Complainant/company was carrying on business having its main office at Mumbai and had branches at various places including Bangalore - Cheque issued by accused has been returned by bankers of complainant/company..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of additional director - Quashing of - Petitioner is merely an additional director in the company and not a managing director or a joint managing director - No specific averment made in complaint in respect of petitioner's..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 389 -- Suspension of sentence during pendency of appeal - Conviction u/s 138 NI Act read with S.420 IPC - Appellate Court suspended sentence subject to payment of 1/3rd of amount of compensation - Condition imposed is for suspension of sentence and..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Petitioner apart from being a designated Director of company, is not shown to have been involved in affairs of company and more particularly in course of business transaction that are subject-matter of..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Inherent powers - Exercise of - Held, while exercising jurisdiction u/Art.226 of Constitution of India or u/s.482 Cr.P.C. High Court will not enter into disputed questions of facts to find out as to whether cheque was issued as security cheque or was not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for non prosecution - Challenge to - Absence of petitioner/complainant on the date fixed and failure in taking steps for issuance of summon seems to be bona fide - Held, petitioner should not be left remediless - Impugned orders set aside - Complaint restored to its original number..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Validity - Complaint filed beyond period of limitation - Held, dismissal of complaint justified - Acquittal proper - Appeal dismissed...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Earlier cheque as well as new cheque, both were blank, signed and undated - Instead of returning old cheque, complainant filled up the amount and date in cheque, deposited the same in bank, where the same was dishonoured - Both the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Cheque in question was issued by SBI, Kesinga Branch and it was also returned unpaid by said drawee bank for insufficiency of funds which comes within jurisdiction of JMFC, Bhawanipatna - Held, offence was partly committed within jurisdiction of JMFC,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Conviction - Non-compliance of provision of S.202 Cr.P.C. - Effect - Magistrate took cognizance on perusal of complaint petition, initial statement and documents filed with complaint petition which were sufficient to make out a prima facie case - Held, no..........
