Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by wife of deceased payee of cheque - Legal representatives of a payee or holder in due course are entitled to the legal possession of the instrument and further to receive and recover the amount covered under the instrument from the drawer - Complaint by wife of deceased payee is maintainable..........
Negotiable Instruments Act, 1881, Section 138 -- Pre-mature complaint - Even if complaint is premature, Court should either return complaint or to direct office to register case after statutory period - In the instant case Magistrate signed on printed order sheet where it was typed as 'complainant present. Cognizance taken' - Held, cognizance is taken when Magistrate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheques - Drawer issuing notice not to present the cheque as there is some dispute with regard to amount - Accused also directed bank to Stop Payment - Cheque presented and dishonoured - Offence u/s 138 of the Act is made out - Complaint cannot be quashed once offence is made out and defence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Fresh cheques issued - Agreement stipulated that complaint will continue till all the fresh cheques issued were honoured - Complaint cannot be quashed on the ground that parties have compromised...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Sleeping partner - Quashing of proceedings - Allegations in the complaint that petitioner is a partner and responsible for the affairs of the company - Offence against petitioner whether made out can only be decided after parties lead evidence - Petition to quash proceedings against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Civil suit also filed for recovery of the cheque amount - Proceedings u/s 138 of the Act cannot be quashed on ground of filing of civil suit for recovery of cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Delay - Accused summoned and thereafter some evidence recorded - Held, once the evidence is already recorded in the complaint then it is not a fit case for quashing the complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Accused summoned - Some evidence recorded - Quashing of complaint sought at that stage - Held, appreciation of evidence does not fall within the domain of proceedings u/s 482 Cr.PC. for quashing of the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Complaint against Chairman, Joint Managing Director and three Directors - Allegation that they were officers and responsible for the affairs of the company - It is sufficient compliance within the meaning of S.141 of the Act - Complaint cannot be quashed on the ground that there is no..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 29, 357 -- Dishonor of cheque - In the backdrop of non-obstante clause contained in S.142 of NI Act, Judicial Magistrate may direct the convict to compensate complainant u/s.138 of the Act which may extend to twice the amount of the cheque which returned unpaid to the payee or the..........