Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by Company filed through Director, who initially has no authorization to represent company - Complaint cannot be quashed on said ground, as Company can at any stage rectify such defect...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factum of disputed service of notice - Requires adjudication on basis of evidence - Complaint cannot be quashed on disputed question of fact...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Cheque alleged to be stolen - Information regarding missing of cheque not given to bank - Information to bank was given when accused came to know about filing of complaint but neither the details of cheque was mentioned nor any..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Cognizance of offence - Magistrate is forbidden from taking cognizance of offence if complaint was not filed within one month of date of which the cause of action arose...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Cause of action arose on 17.3.2018 - Complaint filed after delay of 7 days i.e on 25.4.2018 - No petition for condoning delay has been filed on behalf of complainant and without condoning delay, Court below has taken cognizance on complaint which was barred by limitation..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought on the ground that statutory notice of demand not served upon accused - It is a triable issue - A defence available to accused could not have been gone into by Magistrate at the time of taking cognizance of compliant and issuance of process - Ground urged is without any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of four complaints - Joint petition for quashing of four complaints and four separate orders directing issuance of process against accused, is not maintainable - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled between parties - Entire due amount stands paid by accused to complainant - This fact is not disputed by complainant - Conviction and sentence set aside...........
