Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 4, 5 -- Dishonour of cheque - Complaint - Procedure to be followed by trial Court - Direction issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Can be taken only on the sworn statement of complainant and not on the basis of affidavit - Complaint quashed as cognizance taken not on the basis of sworn statement but on the basis of affidavit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Cognizance of offence - Challenge to - Cheque dishonoured on the ground that account was closed - Fact that account was closed, subsequent to giving of cheque, indicates petitioner's intention not to repay loan - Her intention to deprive complainant/respondent of her rightful dues is prima facie apparent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank refused to honour the cheque on making endorsement `cheque series do not relate to us' - No offence u/s 138 has been made out - Complaint, held, not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Presumption - Drawn only when a case is made out u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint was registered and Magistrate ordered that statement u/s 200 Cr.P.C. be recorded - Magistrate is said to have taken cognizance when he made up his mind to examine the complainant on oath - Cognizance taken was also pre-mature - Acquittal of accused on ground of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Failure to disclose the date of service of notice upon accused though fact of sending notice as per registered post mentioned - Held, non disclosure of service of notice does not render the complaint and further the summoning order illegal - Complaint must contain basic facts regarding the mode..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(d) -- Dishonour of cheque - Territorial jurisdiction - Held, place where cheque is presented has territorial jurisdiction to try complaint u/s.138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary trial or summons trial - When it is summons trial without an order, it would be presumed that it appeared to Magistrate that sentence of imprisonment may be of more than a year...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary trial - Magistrate is required to normally try the offence u/s 138 of the Act summarily but there is no bar to try such matter as summons case...........