Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of Cheque - Jurisdiction - Cheque issued in favour of company located at Faridabad - Company deposited cheque with bank at Faridabad for encashment - The drawer bank located in UP - Held, Faridabad Court has also jurisdiction to entertain complaint and take cognizance of offence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Six cheques - Joint trial - One complaint for dishonour of six cheques - Complaint is maintainable - S.219 Cr.P.C. is not a bar to prosecution of one complaint even if it involves more than three disputes cheques, as the offence is of the same kind - Number of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Acquittal - Appeal against acquittal - Material on file indicated that complainant obtained blank cheques from accused by way of security and thereafter, misused said cheque - Held, findings of acquittal cannot be faulted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Exercise of power by High Court - Held, proceedings u/s 138 of NI Act are summary in nature - Accused has to disclose to Court of MM his defence - Court of MM is competent enough to decide whether accused is liable to be convicted u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Punishment for - Principal amount of Rs.1,40,00,000/- had been paid by accused but interest which he had promised to pay by way of cheque could not be realised as cheque had bounced - It is also clear that despite the fact that complaint had been filed in the year 1996 and matter has been pending for 15..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Complainant examined and cross-examined - After two years accused moved application u/s 311 of CrPC for further cross examination of the complainant - No explanation assigned why application for re-examination was not filed at the earliest..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of complainant for further cross examination - It was claimed in the application that evidence of compliant pertaining to his income-tax returns and books of accounts were vague and needs further elucidation to enable Court to get the truth of the matter - Application allowed with a direction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence - Summoning of Income-tax authorities for production of original documents - Documents earlier filed and it became the evidence of complainant - Contents of those documents was never alleged to be doubtful - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Acquittal - Appeal against acquittal in a private complaint lies to High Court - Order passed in appeal by Additional Sessions Judge set aside as without jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Cheque issued towards interest of the amount in question - Present opponent No.2-accused proved his case - Prosecution has failed to prove beyond reasonable doubt the ingredient of S.138 of NI Act - There are serious lacuna in oral as well as documentary evidence of prosecution - Held, trial Court..........
