Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Trial other than summary trial - It can be at the commencement or in the course of summary trial - A case can be tried as summons trial when it appears to Magistrate that sentence of imprisonment may be of a period more than a year - Order to try a summary trial as a summons case need not to be in..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Can be tried as summons case when (i) there is denial of issuance of cheque; (ii) denial of signatures; (iii) or that there is no legally enforceable debt or liability - In such cases proper chances of defence has to be given to the accused - Magistrate shall record an order after hearing the..........
Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2) - - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint be tried as summary trial and in a summary trial sentence cannot exceed one year - When it appears that sentence may exceed one year then complaint can be tried as a summons case - Decision to try complaint as summons case can be taken after hearing parties at the commencement or during..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Enquiry - Held, enquiry as envisaged under the amended provisions of S.202 Cr.P.C. may not necessarily be insisted upon in those cases tried under the Act where accused person resides outside the jurisdiction of Magistrate - Strict requirement of S.202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of process - Held, averments contained in complaint read with preliminary statements are to be taken into consideration by Court - Accused has no role to play till process is issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Held, even if complaint is presented before expiry of statutory period and till objections are raised that period is over then it cannot be dismissed on the said ground...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Offence u/s 138 of the Act is compoundable and such compounding can be made at any stage of the proceedings, i.e. during appeal, revision or even before the Supreme Court...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by proprietorship firm - Quashing of complaint - Cheque issued in favour of respondent No.1/complainant on behalf of firm got dishonoured - Petitioners/accused prosecuted as partners of firm - Respondent No.1 was not sure whether said firm was..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by Company - Quashing of complaint - Petitioners were not Directors of Company on the date on which cheque was issued - Held, petitioners cannot be made liable vicariously u/ss 138 and 141 of the Act - Impugned complaint quashed and set aside qua..........