Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Signatures admitted - Comparison of writing on the body of cheque - Not permissible - Fact that body of cheque is not filled up by the drawer of cheque is totally immaterial in a trial for offence u/s 138 of the Act - Dismissal of application calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397(3), 482 -- Dishonour of cheque - Second revision - By the same party is expressly barred - Petition u/s 482 Cr.P.C. is nothing but a second revision - A person cannot be permitted to do indirectly what he cannot do directly...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by company - Company not impleaded as a party - Complainant an illiterate lady and rustic villager - Liberty granted to file application u/s 14 Limitation Act seeking exclusion of period during which he was prosecuting complaint against accused alone while filing a fresh complaint, if so advised..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Advocate for accused can record the plea on the first day u/s 205 Cr.P.C, for which written application by accused is not contemplated...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Magistrate allowed the prayer of Advocate of accused and dispensed with presence of accused, subject to advocate sign on plea - In case Advocate is willing to sign on plea in that case only such prayer for exemption..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of revision filed against order of conviction - Court may proceed to compound the offence while exercising power u/s 147 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - As per complainant, she out of her own volition and without there being any external pressure entered into compromise with accused and in case she gets entire amount, she shall have no objection in setting aside order of conviction - Offence compounded - Conviction set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of NI Act - Cannot be dismissed on the ground of technicality where the cheque has been issued by complainant and same has been dishonoured...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque issued in the name of respondent No.2 - Demand notice issued by respondent No.1 - However, complaint filed by both the respondents - Complaint cannot be dismissed on such technicality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days period from the date when notice was served upon accused - Such complaint is no complaint in the eye of law and therefore, Court is barred in law from taking cognizance of such complaint irrespective of fact that cognizance of complaint is..........