Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Concurrent running of sentences - Power of High Court - Accused/petitioner convicted in 11 different cases filed u/s 138 for different periods - Held, High Court has power to direct sentences to run concurrently...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 362 -- Payment of compensation/fine - Enlargement of time after final disposal of case - Does not amount to review of judgment...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 362 -- Payment of compensation/fine - Enlargement of time after final disposal of case - Alteration brought forth to the judgment does not amount to an `alteration' offending the spirit of S.362 of the Code...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 362 -- Payment of compensation/fine - Enlargement of time after final disposal of case - Held, enlargement of time for payment of compensation/fine, without having the effect of altering the conviction or sentence, would not be offending to S.362 of the Code...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of debt or liability of another person - Held, if a cheque is issued by a person to discharge any debt or other liability of another person it would attract penal consequences u/s.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - It is mandatory for Magistrate to examine complainant and witnesses, if they are present, before taking cognizance - Order taking cognizance without examining complainant set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - 30 days time - To be reckoned by excluding the date when the information was received from the Bank - Intimation from Bank received on 28.12.2005 - Limitation to be counted from 29.12.2005 - Notice sent on 27.01.2006 - Held, notice is within limitation i.e. on the 30th day and not the 31st..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of complainant may be given on affidavit not only during course of trial but also at pre-summoning stage - Cognizance taken on basis of affidavit alone - Not fatal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Denial of signature on cheque - Expert verification - Accused categorically denied his signature on body of cheques from the time of his show cause reply and claimed that his signature has been forged - Held, this is a fit case where orders ought to have been passed to send disputed cheques to an expert..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Deputy General Manager - Quashing of proceedings - Absence of any specific averment against petitioner, who is Deputy General Manager of accused No.1 company, suggesting his consent/connivance/negligence in matter of..........
