Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Cheque presented and dishonoured - Cheque again presented after its validity period of six months - Cheque became invalid - Entire proceedings vitiated - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence of complainant on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning order - Plea that complaint is filed with malafide intention - Can be decided only during trial after giving opportunity to the parties to lead evidence...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Where a cheque issued by a company is dishonoured, it is requirement of the Act that every person who at the time offence was committed was in charge of and was responsible to company for conduct of business of company shall be deemed to be guilty of offence u/s 138, 141 of the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Where presence of complainant on particular day was quite unnecessary then resorting to step of axing down complaint may not be a proper exercise of power - Discretion must therefore be exercised judicially and fairly without..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Intention not to make payment when communicated before expiry of 15 days from the date of receipt of notice then not to file complaint before expiry of 15 days becomes redundant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Restoration of complaint - It appears that despite the complainant having taken all measures within his power person representing him did not file the process fee for issuance of summons and did not appear for the complainant on date of dismissal of the petition - Dismissal of..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Loan stated to be advanced in the month of April but date on which loan advanced not stated either in the complaint or in examinatio, i, chief - Contention that complainant lent the loan and in discharge of said loan accused issued the cheque to discharge the legally recoverable debt cannot..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Condonation of delay - At the stage of taking cognizance, it is not necessary for Court to issue notice to accused and hear accused before condoning delay in filing complaint...........
