Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction to try the case - As per S.142(c) of the Act, offence u/s 138 of the Act shall be tried by a Judicial Magistrate of first class or a Metropolitan Magistrate and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first..........
Criminal Procedure Code, 1973, Section 389(1), Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - First appellate Court by allowing application u/s 389(1) Cr.P.C. suspended sentence and directed to deposit 25% of fine amount - As per S.148 of the Act minimum 20% of the amount to be deposited by petitioners - Amount of fine reduced to 20% from 25% -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Managing Partner signed cheque on behalf of firm - Managing Partner cannot escape responsibility even in absence of averment that he is in charge and responsible to the firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Managing Partner is actually representing firm and he cannot contend that execution of cheque is not proved especially when conviction and sentence of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm - Conviction of firm and acquittal of Managing Partner - Appeal against acquittal - Conviction and sentence imposed on firm not challenged - Sentence of firm became final - Managing Partner cannot content that execution of cheque is not proved - Managing Partner also committed an offence -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - No requirement that notice should be in a signed form - Proviso to S.138 of the Act states `giving a notice in writing' and not `by giving a notice in writing with signature'...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice issued u/s 138 of the Act cannot be treated as defective notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice - Since there was demand of money as such notice without signatures of lawyer cannot be held to be a defective notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204(4) -- Dishonour of cheque - Dismissal of complaint - Since there was no sitting of Court for a long period and case was not taken up for hearing on particular date, complainant was not aware of direction given by Magistrate to take steps for issuing fresh summons to accused - Fit case..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence - Appellate Court exercised its discretionary power directing accused to deposit 20% of compensation amount while suspending the sentence - Once High Court has decided that appellate Court has rightly exercised its discretionary..........
