Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused during trial - Proceedings will abate - Legal heirs cannot be prosecuted...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Cheque issued by company dishonoured - Prosecution against company and Managing Director who signed the cheque - Death of Managing Director - Another Director cannot be prosecuted in absence of an averment that the said director was also responsible for the conduct and business of the company - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(2) -- List of witnesses - Omission - Not a lacuna as there is only one witness in such cases viz. complainant or payee of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Refusal - 15 days time to make payment will start on the next date of refusal - Complaint is to be filed within one month from the expiry of 15 days from the refusal of the notice...........
Negotiable Instruments Act, 1881, Section 138 -- Company - Complaint - Filed by Assistant Manager of Credit Control - Authorisation can be express or implied and the implicity has to be inferred from the circumstances of the case and the things spoken or written, or the ordinary course of dealing...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Not given within 15 days of intimation of dishonour of cheque - Delay cannot be condoned either u/s 5 Limitation Act or u/s 473 Cr.P.C. - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Sent as per registered post and under Certificate of Posting - There is presumption of service of notice sent under certificate of posting u/s 114 of Evidence Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 470, 473, Limitation Act, 1963, Section 14 -- Return of complaint by Court having no territorial jurisdiction to be presented before proper Court - Period mentioned for representation of complaint - Period of pendency of complaint to be excluded - Period from return of complaint to..........
Negotiable Instruments Act, 1881, Section 138(b)(c), 142(b) -- Dishonour of cheques - Quashing of complaint - Demand notice u/S.138(b) given after 40 days thereby causing a delay of 25 days - Complaint filed after 77 days from the date of issue of demand notice - Complaint hopelessly time barred - Complaint liable to be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint cannot be filed by power of attorney holder on behalf of payee...........
