Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Complainant could not controvert fact that present petitioner was not a Director of company - Even, there is complete absence of averments in complaint that petitioner was in any way responsible for conduct of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Compensation - Appellate Court is required to direct appellant as a matter of rule to deposit at least 20% of the amount of compensation awarded by trial Court...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of NI Act withdrawn as parties compromised - No useful purpose will be achieved by keeping the proceedings u/s 174-A IPC alive - FIR u/s 174-A IPC quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm arraigned as accused in complaint - Proprietorship is not a company - Provisions of S.141 of the Act thus, have no bearing to the case - Petitioner no.2 being proprietor is solely responsible for all its action and liability including liability to face prosecution u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Non-compliance of S.202 Cr.P.C - Magistrate has taken into consideration complainant's affidavit and documentary evidence on record - He thus, complied with mandate of S.202 Cr.P.C - Moreover, S.202(2) Cr.P.C is not applicable to proceedings of a complaint u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of process - Once Court issues process to accused on a complaint u/s 138 of the Act, there is no provision for recall of process - Only provision for stopping proceedings in a certain cases is given in S.258 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Summoning of loan file - Sought to be summoned after completion of evidence of complainant - Accused not replied to demand notice or he did not file any such application at the time of taking cognizance or reading over the statement of charges - Trial Court as..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused raised defence during cross examination of complainant, the foundation of which was not laid in the reply to legal notice served after dishonour of cheques - Moreover in this case accused chose not to examine himself - Defence witness not succeeded in rebutting the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Omnibus notice without specifying as to what was the amount due cannot sub-serve the requirement of law...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - When notice itself is vague, the notice would be imperfect for not having specifically contained the demand for payment of outstanding amount and therefore, a notice of demand which requires the drawer to make the payment of entire sum of cheque after having received a part of such amount..........
