Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back undelivered - Complainant not placed on record any material to suggest that on the date when notice was sent, accused was in possession of an office or visited any office in the said building - In complaint second address mentioned as correspondence address given but notice not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Pre requisite to institute complaint of sending notice not satisfied - No cause of action arose - Conviction set aside as complaint was not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Specific averments on record which stated that petitioners were directors and were in charge of and responsible for day to day affairs and management of accused company on the date of commission of alleged offence - Petitioners have not brought on record unimpeachable,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Hire purchaser agreement - Accused filed consumer complaint against manufacturer as vehicle was defective - Not a ground to quash complaint instituted by financier for dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Question whether cheque had been issued to discharge debt - To be ascertained during trial only - Correctness of allegations made in complaint cannot be ascertained in a petition filed u/s 482 Cr.P.C. - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that there is no specific averment in complaint that cheque was issued in discharge of amount allegedly borrowed by him from complainant - Plea not acceptable as there is no requirement that complainant must specifically allege in complaint that there was subsisting liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand - Is a condition precedent for filing complaint for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand for payment of amount of cheque by sending notice in writing is sine qua non for filing such complaint...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - Ordinarily, defence of accused although appears to be plausible should not be taken into consideration for exercise of jurisdiction u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Inherent powers - High Court shall not express its view on disputed questions of fact in a petition u/s 482 Cr.P.C. to come to a conclusion that offence is not made out...........
