Banking service -- Cheque - Dishonour of cheque - Sufficient fund available in the account of the appellant/complainant - Plea of the Bank that there was virus in computer system which resulted in not giving correct figures in respect of account of different accounts holder - Held that even after having knowledge of virus in computer system officers and officials failed to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Accused summoned - Magistrate cannot review its own order - Issuance of notice averred in complaint - Notice whether sent as required by law or not is a matter of evidence to be considered at appropriate stage - By impugned order Court has decided the issue itself and has held that no notice was issued -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Applicability of S.256 Cr.P.C. - Held, provision of S.256 Cr.P.C. is applicable to complaint filed u/s 138 NI Act - Magistrate is required to apply its mind whether it would be fair and proper to adjourn the matter - In this..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Necessary ingredients of the offence are : (1) a cheque was issued; (ii) the same was presented; (iii) it was dishonoured; (iv) a notice was served on the person sought to be made liable and; (v) despite service of notice, neither any payment was made nor other obligations, if any, were complied with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Presumption of service of notice - Presumption arises when notice is sent by registered post - Even when a notice is received back with an endorsement that the party has refused to accept, still then a presumption can be raised as regards the valid service of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Thirty days time ordinarily must be held to be sufficient for service of notice...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Insertion of proviso to S.142(b) in 2002 confers a jurisdiction upon the Court to condone the delay - However, insertion of the proviso is not retrospective in nature...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - To constitute offence u/s 420 IPC fraudulent or dishonest inducement on the part of the accused must be at the inception and not at a subsequent stage - When the post dated cheques were issued the accounts were operative - Even assuming that the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Amendment - Court has no jurisdiction to allow the amendment of the complaint petition at a later stage...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A civil suit for recovery of money as well as a complaint u/s 138 of the Act is maintainable...........