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Non-sufficient funds

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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 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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