Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Presumption - It shall be presumed that every negotiable instrument made or drawn is for consideration and that every such instruments, when it has been accepted, endorsed, negotiated or transferred, was accepted, endorsed, negotiated or transferred for consideration, until the contrary is..........
Indian Penal Code, 1860, Section 494, 120B, Criminal Procedure Code, 1973, Section 198 -- FIR - Cannot be registered for offence u/s 494 IPC which is a non cognizable offence - S.154 Cr.P.C. deals with information in cognizable cases - Moreso S.198 Cr.P.C. puts a legal embargo for prosecution by any other mode except by way of complaint by the affected person - FIR..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Offence by partnership firm - Prosecution launched against only one of the partners of partnership firm, without joining partnership firm - Complaint is not maintainable - Process issued against accused quashed and set aside...........
Consumer Protection Act, 1986, Section 12 -- Complaint - Dismissal in default or non prosecution - Second complaint - Held, second complaint is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Restoration - Dismissal of complaint on account of non appearance will certainly cause miscarriage of justice to the complainant - Ends of justice will be met if complainant is given another chance to put forward his claim - Complaint restored...........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Cruelty - Filing of police complaints by wife against husband alleging harassment - Mere filing of complaint against husband by wife to save herself from harassment by husband or to safeguard her interest to maintain the marriage is not considered as cruelty - Divorce rightly not granted to husband...........
Indian Penal Code, 1860, Section 304A -- Medical negligence - Order framing charges - Quashing of order - No allegation worth the name in the complaint that accused have done something which is not satisfying the normal prudence in the given circumstances or expected of a medical professional - Courts below committed error of law by framing charges against petitioners -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of the Act are criminal in nature but have a civil liability as well...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction u/s 138 of the Act - During pendency of revision petition, compromise took place between the parties and complainant has submitted settlement affidavit in that regard - Therefore, it is expedient to permit the parties to compound the criminal case at the..........
