advocatemmmohan
Cheque
Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution – firm registration form filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal for receiving the document filed by accused – complaint was quashed as not maintainable = Smt. Bommidipati Madhavi….Petitioner/accused The State of Andhra Pradesh rep.by Public Prosecutor, High Court of A.P., Hyderabad and another….Respondents = published in judis.nic.in/judis_andhra/filename=10600
Sec.138 ,sec.141 N.I.Act – Partnership Firm – issued cheque – cheque bounced – firm not made as accused – fatal to the prosecution – firm registration form filed by accused can be considered even at preliminary stage against the general rule no document filed by accused can be considered – non issue of reply notice is not fatal … Continue reading
Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several times with 6 / 3 months from the date of cheque – Limitation of 30 days starts from the date of information of cheque bounce – the complainant admitted in his complaint that cheque was bounced on 10-11-2008 – Complaint filed 07-01-2009 = beyond 30 days from the date of cheque bounce – though two witnesses were examined – is not a bar to quash the complaint – High court committed wrong – Apex court allowed the appeal and quashed the complaint = Kamlesh Kumar …..Appellant Vs. State of Bihar & Anr. ….Respondents = Published in / Cited in / Reported in judis.nic.in/supremecourt/filename=41067
Sec.138, 142 N.I.Act Sec.482 Cr.P.C. – Limitation – pending trial – petition for quash of complaint – cheque presented 25/10/08 – bounced 27/10/08 – issued notice 27/10/08 – no reply – again presented 10-11-08 – again bounced 10-11-08 – again issued notice 27-12-08 – filed complaint 07-01-09 – No bar to present the cheque several … Continue reading
Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof – when the complainant not able to say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is no pleading that cheque was filled with the consent of accused – mere lack of issuing a reply notice and mere non putting a suggestion that the cheque was a blank cheque are not countable points to over throw the positive admissions made by the complainant – Lower court rightly dismissed the complaint – High court wrongly with out assigning valid reasons convict the accused – Apex court set aside the high court orders = John K. Abraham …. Appellant VERSUS Simon C. Abraham & Another …. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41045
Sec.138 ,139 and sec. 118 of N.I.Act – Burden of proof – when the complainant not able to say the date when the amount was given – when failed to produce source of income – when gave contradictory statement about filling of cheque whether by accused or by himself – when there is … Continue reading
Sec.138 N.I.Act – Sec.201 of Cr.p.c. – Power of magistrate to recall it’s orders – Jurisdiction of court for cheque bounce case = (i) Whether the Magistrate after having found sufficient ground for proceeding in case and issued summons under Section 204 Cr.P.C. has the jurisdiction to recall or review the order by exercising its power under Section 201 Cr.P.C.; = Apex court held – No. (ii) Whether the petition under Section 138 of the N.I. Act was maintainable at Mumbai on the ground that goods were supplied from Mumbai to Delhi and cheques were handed over at Mumbai and legal notice was issued from Mumbai. = Apex court held – Yes = DEVENDRA KISHANLAL DAGALIA … APPELLANT VERUS DWARKESH DIAMONDS PVT. LTD. AND ORS. … RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40991
Sec.138 N.I.Act – Sec.201 of Cr.p.c. – Power of magistrate to recall it’s orders – Jurisdiction of court for cheque bounce case = (i) Whether the Magistrate after having found sufficient ground for proceeding in case and issued summons under Section 204 Cr.P.C. has the jurisdiction to recall … Continue reading
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