Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summary procedure of trial is to be followed - Ss.262 to 265 Cr.P.C. will be applicable for summary trial which cannot be converted in warrant trial in view of Ss.4 & 5 of Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - `Refusal' - It is sufficient service of notice - 15 days time to make payment starts from the date of endorsement of `Refusal' - If payment is not made within 15 days of endorsement of `Refusal' there remains one month's time for the payee to file the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - `Refusal' - There is presumption that such endorsement was correctly made unless proved otherwise...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Complaint - Cognizance taken - Plea of accused that he did not receive notice - Court rejected recall petition - On request of complainant Court returned the cheque as complainant pleaded that on verification he ascertained that the accused did not receive the notice personally - Cheque again presented and again..........
Negotiable Instruments Act, 1881, Section 138 -- Compounding of offence - Joint petition of compromise filed by parties whereby parties settled their dispute and grievances - Parties permitted to compound the offence - Conviction and sentence of appellant set aside in view of compromise and accused acquitted of the charge...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Post dated cheque - Bank informed that there is no amount in the account of drawer - Drawee filing FIR with police and offence u/s 420 IPC registered - Held, merely because the ingredients of an offence u/s 138 of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of Cheque - Post dated cheque - No amount in account when cheque presented - FIR u/s 420 IPC lodged - Held, there is no bar to prosecute a person for an offence of cheating - Proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Received back as addressee left the place - Cheque presented again - Complaint on the basis of dishonour of cheque for the second time - Complaint is maintainable - When notice issued at the first instance there was no `giving of notice' and `receipt' of the same and there was no accrual of cause of action...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of complaint - Quashing of complaint sought on the ground that petitioner ceased to be Director of company with effect from 18.5.2003 - Cheque bounced on 25.6.2003 - Complainant seriously disputed the genuineness of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 259, 245 -- Dishonour of cheque - Summons case converted into warrant case - Charge framed - Evidence of two witnesses recorded after framing of charge - Accused seeking quashing of proceedings - Since it was not contention of accused that charge was groundless, Magistrate was perfectly..........
