Penal Code, 1860 – S. 420 – Negotiable Instruments Act, 1881 – Ss. 138 & 145 – Evidence on Affidavit – Summoning Order for an offence punishable under Section 420 IPC on the basis of affidavit evidence received by the Magistrate with the aid of Section 145 of the Negotiable Instruments Act […]
Negotiable Instruments Act, 1881 – Ss. 138 & 142 – Cognizance of offences – Disclosure of the name of the person drawing the cheque is one of the factual allegations which a complaint is required to contain. Held:- The scheme of the prosecution in punishing under Section 138 of THE […]
Negotiable Instruments Act, 1881 – S. 138 – Cheque was dishonoured by the bank with the remarks “insufficient funds” – Conviction – Scope and Power of High Court while dealing with such type of criminal revision petitions.
Negotiable Instruments Act, 1881 – Ss. 138 & 141 – Dishonour of cheque for insufficiency, etc., of funds in the account – Offences by Companies – Accused are directors of the company – Cheque dated 31.12.2014 – Accused had ceased to be the members of the board of directors of the company with effect […]
Negotiable Instruments Act, 1881 – S. 138 – Conviction Warrant – Payment of compensation after the time limit stipulated by High Court – Whether the default sentence clause will set in operation ? Held, No.
Negotiable Instruments Act, 1881 – S.138 – Indian Penal Code, 1860 – S. 65 – Criminal Procedure Code, 1973 – S. 30 – Sentence of Imprisonment in default of fine – the maximum default sentence that can be awarded in offences under Sec. 138 of the N.I. Act cannot exceed one […]
Negotiable Instruments Act, 1881 – Ss. 138 & 141 – Dishonour of Cheque – Offences by companies – Company officials concerned could be arrayed as accused in such a complaint only if such person was in charge of and responsible for the conduct of the business of the company at the time […]
Negotiable Instruments Act, 1881 – S. 138 – Returned by the bank with the endorsement “No account, account closed” – Held, offence is attracted where the bank account is closed prior to the drawal of the cheque.
Generally there is no bar under the N.I. Act to send a reminder notice to the drawer of the cheque and usually such notice cannot be construed as an admission of non-service of the first notice by the appellant as has happened in this case.
Negotiable Instruments Act, 1881 – S.138 – Notice returned as “addressee left India” – When complainant has the knowledge that the addressee left the place in search of a job outside India and knowing this fact, he sent notice and it was returned as addressee left India, there is no proper service […]