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...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Specific allegations that applicant is director of accused/company along with other accused and they are collectively involved in core functioning of company including all its major decision making - Whether applicant was playing active role in day to day affairs of company at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Complainant pursuing his case for 7 years and remained absent on three consecutive dates due to medical ailment - There was no reason to disbelieve certificate issued by doctor merely because it was issued by dentist - Complainant is a senior citizen who..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Filing of complaint u/s 138 of the Act through power of attorney is perfectly legal and competent...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Partnership Firm - Cheque issued in the name of Partnership Firm - Cheque dishonored - No Statutory notice was given to Partnership Firm and even Partnership Firm was not made as an accused in complaint - Only partners were shown as accused in complaint - Complaint held, not..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 73 -- Dishonour of cheque - Complainant directed to produce on record documents of his handwriting written by him in the year 2013 - Complaint is pending since 2013 - Court has already made efforts to obtain FSL report and on sending admitted handwriting of complainant for FSL - There is thus,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by company - Company not impleaded as a party - Complainant an illiterate lady and rustic villager - Liberty granted to file application u/s 14 Limitation Act seeking exclusion of period during which he was prosecuting complaint against accused alone while filing a fresh complaint, if so advised..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of NI Act - Cannot be dismissed on the ground of technicality where the cheque has been issued by complainant and same has been dishonoured...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque issued in the name of respondent No.2 - Demand notice issued by respondent No.1 - However, complaint filed by both the respondents - Complaint cannot be dismissed on such technicality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days period from the date when notice was served upon accused - Such complaint is no complaint in the eye of law and therefore, Court is barred in law from taking cognizance of such complaint irrespective of fact that cognizance of complaint is..........
