Negotiable Instruments Act, 1881, Section 142 -- Proviso - Delay - Condonation - Court can condone delay in filing a complaint if complainant satisfies that he had sufficient cause for not making complaint within statutory period of limitation - Complainant seeking benefit of proviso has to explain the reason for the delay...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay on the strength of affidavit of complainant and not on the strength of affidavit of counsel...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay in filing a complaint if complainant satisfies that he had sufficient cause for not making complaint within statutory period of limitation - Complainant seeking benefit of proviso has to explain the reason for the delay...........
Negotiable Instruments Act, 1881, Section 142(b) -- Proviso - Delay - Condonation - Court can condone delay on the strength of affidavit of complainant and not on the strength of affidavit of counsel...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post - Received back with postal endorsement 'Not found, informed' - It means addressee intentionally avoided to accept the registered cover - There is no legal defect in the service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Reduction in sentence - Accused faced agony for 12 years - Accused an old lady - Accused already deposited amount of fine - Accused already undergone 10 days of imprisonment - Sentence reduced from six months to already undergone...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Payment stopped on account of absence of any pre-existing debt or liability - Complaint cannot be quashed on this ground and the question of fact has to be decided in defence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Recording of statement of complainant is not dispensed with by incorporation of Sections 145 and 146 of the Negotiable Instruments Act...........
Negotiable Instruments Act, 1881, Section 145, 146 -- Provisions of Sections 145 and 146 N.I. Act are not mandatory in nature and option has been left open for the parties to take recourse to these provisions or to the normal provisions contemplated under the Cr.P.C...........
Negotiable Instruments Act, 1881, Section 145, 146 -- A close reading of these sections reveal that they relate to post cognizance operation and never treat to the pre-cognizance stages...........
