Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complaint u/s 138 of the Act filed after accused lodged a prior complaint to police about loss sustained on account of poor quality of feed supplied by complainant - Not a ground for seeking transfer of proceedings...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - All conditions are satisfied for initiation of proceedings u/s 138 of the Act and it cannot be said that complaint filed is barred by limitation - Even, it is apparent from material on record a prima facie case is made out against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant is supported by provisions relating presumption under NI Act - Sale agreement and power of attorney would corroborate contention of complainant - Apart from denial at time of complaint till accused sets up a case, it is incumbent on him to mention the same or establish the same - Ingredients..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 377, 378 -- Dishonour of cheque - There is no provision in Cr.P.C. for allowing an application to implead legal heirs of deceased accused in an appeal filed u/s 377 or S.378 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 142(c) -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction to try the case - As per S.142(c) of the Act, offence u/s 138 of the Act shall be tried by a Judicial Magistrate of first class or a Metropolitan Magistrate and no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of first..........
Criminal Procedure Code, 1973, Section 389(1), Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - First appellate Court by allowing application u/s 389(1) Cr.P.C. suspended sentence and directed to deposit 25% of fine amount - As per S.148 of the Act minimum 20% of the amount to be deposited by petitioners - Amount of fine reduced to 20% from 25% -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Lawyers notice - Omission on the part of lawyer to put his signature in the notice issued u/s 138 of the Act cannot be treated as defective notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of proceedings - Petitioner sought transfer of proceedings on the basis of his old age - However, petitioner is not even summoned by Magistrate in proceedings u/s 138 of N.I. Act - Petitioner is discharged from said proceedings - Said fact is not..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt or liability - Presumption as to - Accused admitted his legal liability/obligations towards complainant for an amount of Rs.42,70,000 - Three post dated cheques were issued consequent upon execution of agreement between parties, thereby raising presumption u/ss 139, 118 of..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - When notice is sent by registered post, presumption of deemed service u/s 27 of General Clauses Act arises, provided it is proved to be dispatched in correct address of noticee - S.138(b) of the Act does not insist that actual receipt of notice by drawer of cheque must be proved...........
