Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complainant was contesting its case with due diligence and in fact trial was almost complete, as case was at final stage - Magistrate was not justified in dismissing complaint in default for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - On the pretext of compromise petitioner obtained favourable order from Court - Now he wants to disown the same - A person who tries to play with Court is to be strictly dealt with and serious action is required to be taken against such person - Complainant would be free to revive his complaint and all..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254, 351 -- Dishonour of cheque - Accused failed to lead evidence in defence despite availing 14 opportunities - However, in order to secure ends of justice and provide accused an opportunity of fair trial, he deserve to be granted a single window of three days to lead defence evidence..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter between parties compromised and due amount already paid by accused - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Limitation - As per complainant she fell ill so she could not file complaint within time - Even, complainant filed medical certificate alongwith complaint - As complaint has been filed after amendment of S.142 of the Act came into force, complaint held, not barred by..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arrayed as accused neither in notice nor in complaint - Complaint not maintainable - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 460(e) -- Dishonour of cheque - Cognizance taken by Magistrate not empowered to take cognizance - Held, it will not vitiate the proceedings, as cognizance taken in good faith that too erroneously - Matter squarely covered by S.460(e) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Cheque signed by A2 in his capacity as Managing Partner of company/A1 therefore, A2 liable to be convicted u/s 138 of the Act - However, complainant not adduced satisfactory evidence to show that A5 was actively involved in affairs of company - In absence..........
