Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 45 days in filing complaint - Condonation of delay - Delay is not inordinate - Reasonable explanation for delay in filing complaint rendered by complainant - Nothing pointed out to show that there was negligence on part of complainant or that delay lacks bona fide - Delay is only of few..........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Date of advancement of loan and issuance of cheque not mentioned in complaint as well as affidavit of complainant - Neither any written agreement was executed between parties nor income tax return of complainant reflected as to advancement of loan - Complainant did not know accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of complainant during pendency of complaint - Legal representatives of complainant can be substituted as complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of complainant during pendency of complaint - Legal representative substituted as complainant has right to appear as his own witness...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of complainant during pendency of complaint - Legal representative substituted as complainant has right to appear as his own witness as cross examination of complainant was deferred...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Expert opinion that signature on cheque do not tally with specimen signatures - Court examined disputed signatures with other signatures of accused on various documents on record and found alleged signatures entirely different - Complaint collapses on this short ground - Complaint..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Notice - Served upon Managing Director - Implies that Company is made aware of the dishonour of cheque and of demand for payment of the dishonoured cheque - Complaint filed against company without service of notice in the name of company and by serving statutory notice on the Managing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - Single absence - Case transferred from place `M' to place `J' and again re-transferred from place `J' to place `M' - Magistrate instead of dismissing complaint in default should have adjourned the case at least..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Pleading as to liability of Director - Pleading of such requirement in notice - Held, averments in legal notice u/s 138 of the Act cannot be construed to be averments made in complaint - That apart, even averments made in legal notice, do not fulfill the requirement of law -..........