44_for important case laws on dishonor of cheques

8/12/2019 44_for Important Case Laws on Dishonor of Cheques

1/50

For Important Case Laws on Dishonor of Cheques - For my personal

note book.

Absconder -Proclaimed offender - Accused failed to appear before

court !ife and children refused to "i#e his whereabouts. In such

circumstances accused has to be treated as absconder accused left

country e#en then he is absconder. $%%& '$( C)C *+.

Present a"ain stop payment attracts *&, pro#isions where

incorporated with the obect of inculcatin" faith inefficacy of bankin"

operations $%%& '*( C)C +$ /C.

Inferior "oods in#alid plea accused should let co"ent e#idence

accused would ha#e intimated complainant about reection of "oods by

end user and would ha#e asked to take "oods back accused should

true that stop payment notice "i#en for other #alid causes. $%%& '*(

C)C $,$.

Partner definition person in char"e person in char"e must mean

that the person should be in o#er all control of the day today business

of the firm he should be a party to the policy bein" followed by thecompany and yet not in char"e of the business of the firm offence

must be pro#ed was committed with the knowled"e and conni#ance of

the accused. $%%& '*( C)C *$+ /C.

Promissory promissory must be in writin" and there should be

unconditional undertakin" to pay. $%%& '*( &0.

/ection $%1 Cr.P.C. not maintainable after e2amination of witness

be"ins. /ections $1 applicable only for warrant cases not for /ec.*&,3IA. $%%$ '1( C)C &&.

3otice - returned unclaimed - a"ain send to another address after *

days #alid complainant sent notice on $4-%-*444 returned on %4-

%0-*444 as unclaimed - complainant on comin" to know that accused


2/50

was a#ailable else where sent copy of same notice on $1-%0-*444

period of limitations start after * days from second. $%%$ '1( C)C

&&.

5older in due course cheques endorsed after dishonour #alid 'a"ainst $%%$ '&( C)C 1$1( $%%$ '1( C)C &$&.

6uash not liable After e2amination of P!* person accused of

offence under /ection *&, 3IA filed petition to quash proceedin"s

after e2amination of P!7 8n $ different dates not sustainable.

$%%$ '1( C)C &$&.

Complaint by mana"er of firm #alid mana"er can represent firm

#alid complaint. *44+ '$( C)C 1+,.

9ice-president no role in business not liable petitioner who is

#ice-president of company but has no role in conductin" business need

not be arrayed as accused. *44+ '$( C)C $1.

Authori:ation afresh #alid authori:ation -need for substitution to

represent company filin" of complaint - authorised resi"nin" from

company company can be represented by person authori:ed afresh.

*44+ '$( C)C 0+.

Pronote chit transaction-mentionin" mentionin" mandatory

incorporation of recitals about chit transaction in promissory note is

mandatory requirement. *44+ '*( C)C $,1.

Partner or not is matter for trial cannot be dischar"ed. *44+ '$( C)C

$4&.

Complaint without si"n of complaint presented after limitation

complaint in#alid quashed. *44+ Crl.L.;.$1&$.

Complaint made in the name of complainant but si"ned by power a"ent

complaint in#alid. $%%$ Crl.L.;.$0$* AP.


3/50

3o a#erments a"ainst directors summons quashed. $%%$

Crl.L.;.&%&.5P.

Accused successfully rebuttin" presumptions at initial sta"e

proceedin"s can be quashed at thresh hold. $%%$ Crl.L.;.&104


4/50

3otice need not be sent throu"h re"istered post noticeletter sent

under certificate of postin" presumed to ha#e recei#ed by accused.

$%%$ Crl.L.;.$+&* A. AP.

Prima facie e#idence cannot be quashed clear a#erments incomplaint prima facie e#idence that accused was Chairman at the

time of issuance of cheque matter for trail cannot be quashed.

$%%$ Crl.L.;. $10$ Bad.

Cheque not in indi#idual account *&, will not lie petitioner as owner

of company borrowed loan for company liable to repay - cheque not in

case indi#idual account he is neither director nor lookin" after

dismiss /ec. *&, will not attract seeks ci#il remedy. $%%$ Crl.L.;.

$&0 AP.

3otice throu"h tele"ram no confirmation letter sent tele"ram

cannot be a statutory notice. $%%$ Crl.L.;. *, Bad.

B8> subsequent to issuance of cheques will not superseded cheques

issued earlier. $%%$ Crl.L.;.*+$ @.

Alle"ation in complaint that B.D. and director issued cheques to cheat

complaint knowin" fully well that they do not ha#e sufficient funds -

complaint cannot be quashed. $%%$ Crl.L.;. *+$ A. AP.

Complaint by mana"er #alid mana"in" director empowered to file

complaint himself authori:in" mana"er to file complaint #alid. $%%$

Crl.L.;. &%$ =er.

Complaint by mana"er #alid complaint filed by mana"er of company

matter for trial not liable to be quashed. $%%$ Crl.L.;. *+* AP.

Income )a2 #erification s.$%? %%%- or more should be paid by

account cheque borrower alone is liable- thus the borrower as a class

is found to be indul"in" in such practices it is the borrower who was

found to be e#adin" payment of ta2. Compared to the class containin"

of lenders? the class of borrowers can be said to be in a position e#ade

ta2 by adoptin" by de#ices. $%%$ /C $*,,.


5/50

/entence with fine or compensation alone #alid not all when

sentence imposed on accused consists of imprisonment and fine

accused cannot be directed to pay compensation when sentenceincluded fine as form part. $%%$ '&( C)C +%& /C.

nder

/ection*1* '$( not enou"h. $%%$ '&( C)C &1$.

Complaint under /ection 1$%? 1%0? 10, by complainant that the

cheques in blank issued to accused are - Criminal breach of trust? etc.?

- FI quashed. *444 ',( /CC 10,.


6/50

3o a#erment directors not liable quashed. $%%$ Crl.L.;. 1+, =er.

;oint complaint in #alid oint complaint by $ or more persons in

respect of different cause of action and different offence not

maintainable under /ection $%% of Cr.P.C. $%%$ Crl.L.;. 1,*. =er.

Alle"ation enou"h role of partner not necessary - makin" specific

alle"ation in complaint about acti#e participation of day today affairs

sufficient not necessary to alle"e about duties dischar"ed by

accused. $%%$ Crl.L.;. 01$.

List of witness not file non-compliance of mandatory pro#ision of

/ection $%1 '$( order issuin" summons set aside directed to file

list of witness. $%%$ Crl.L.;. *4$0 =ar.

3otice returned left not known deemed ser#ice - contra should be

pro#ed at trial. $%%$ Crl.L.;.*4$0 =ar.

Post dated cheque drawn on date it bears post dated cheque shall

be deemed to ha#e drawn on date it bears as per /upreme Court

decision in 4& Crl.L.. '/C( +&4 - $%%$

Crl.L.;. '38C( *0 a.

Additional e#idence under /ection &4* Cr.P.C. #alid if not full up

lacuna accused plead cheque was issued in respect of time bared

debt complainant filed petition under /ection &4* Cr.P.C.? for

permission to adduce additional e#idence to show that earlier cheques

had been issued by accused within & years within limitation the said

cheques where in e2istence at the time of cross e2amination by

accused before trial court no fillin" up of lacuna petition #alid.

$%%$ '&( C)C *0*.

Amendment of pleadin"s - 8rder 0? rule *+ - central rule is that a

party is not to be allowed to set up a new case or a new cause of

action particularly when suit on new cause of action is barred

ne"li"ence of party or lawyer or mistake in settin" out the case can be

corrected remission allowed on costs of s.? %%%- each two bar


7/50

association and ad#ocate association to procure law books to their

library. $%%$ '&( L! *$&.

/top payment attracts *&,. $%%$ '&( C)C 40.

3otice returned as intimation ser#ed deemed ser#ice accused has to

pro#e non-ser#ice if any. $%%$ '&( C)C 40.

Different ink not #alid plea usin" of different ink need not

necessarily mean that document is altered. $%%$ '$( C)C $%&.

/leepin" partner not liable non-mentionin" of /ection $1 not

fatal. $%%$ Crl.L.;. *441 .PH5.

3otice returned as not claimed deemed ser#ice compensation to

state not proper no procedure in code for it. $%%$ Crl.L.;. *+*$

=er.

Proprietor concern not le"al entity proprietor concern is not le"al

entity or udicial person - case a"ainst not maintainable but a"ainst

proprietor maintainable. $%%$ Crl.L.;. *0,4 Bad.

@lank pronote filed by holder #alid inchoate instruments /ection

$% enables holder of instrument to fill up the blanks and ne"otiable

instruments which are duly si"ned by drawer and deli#er to holder

promissory note which did not contain writin" of drawer but e2ecuted

by drawee held to be #alid. $%%$ '$( C)C *1%.

Presumption under /ection *&4 and **, rebuttal by proof and not by

e2planation once facts necessary for raisin" presumption is

established court has no option but to raise such presumption in

fa#our complainant which is of course rebuttal buy accused rebuttal

should be by proof and not by e2planation. $%%$ '*( C)C &%.

3ame mis spelled in cheque not in#alid name of payee and

complainant differently spelled return not on that "round #alid.

$%%$ '*( C)C &%.


8/50

nhancement #alid court-e2ercisin" re#isions urisdiction could

enhanced sentence. $%%$ '*( C)C &%.

/ummonin" of records in appeal in#alid at the appeal sta"e it is

unnecessary to summon for records. $%%$ '*( C)C &%.

Additional e#idence in appeal #alid appellate court can permit

adducin" of additional e#idence if necessary reasons to be recorded.

$%%$ '*( C)C &%.

Power a"ent #alid complaint filed by power a"ent complainant

e2amined himself as witness #alid. $%%$ '*( C)C &%.

Compensation - )wice cheque amount - /ection $4 Cr.P.C.? bar will notapplicable to 5i"h Court sentence enhanced by directin" accused to

pay twice cheque amount as compensation and cheque amount directed

to be paid to the complainant. $%%$ '*( C)C &%.

Alteration of date - #alid cheques of year *44 dishonour later

by a"reement drawer corrected the year as *440 and made necessary

endorsement #alid under /ection *&, e#en if the payee of the

cheque altered the cheque #alidatin" or re-#alidatin" the same with

the consent of the drawer #alid. $%%* '1( C)C +% /C.

@orrowal 1 years back cheque now #alid. Plea of drawer that cheque

was issued in respect of time barred debt incurred 1 years prior to

issuance of cheque hence no liability plea reected balance sheet

of payee so the balance year after year "i#es fresh period of

limitation. $%%$ '*( C)C 1,1 /C.

/ection *&, not made out then /ection 1$% IPC can be drawn

quashin" of complaint under /ection *&, and *1* of 3I Act complaint

dismissed by ma"istrate 5i"h Court directs to take co"ni:ance under

/ection *$%-@ and 1$% IPC #alid. $%%* /C &*$.

Deliberate suppression of account books the defendant dischar"ed

burden under /ection **,. *44* BL; *,&.


9/50

/entence in default of compensation #alid /upreme Court obser#ed

that /ection 1&* Cr.P.C.? only prescribed that any money 'other than

fine( payable by #irtue of an order made under the court shall be

reco#erable as if it were fine pro#iso to /ection 1&* states that if

sentence directs that if that such offender shall be imprisoned indefault of payment of fine and etc.? 5ence order directin"

imprisonment in default of fine is #alid. $%%$ '*( C)C &* /C.

6uantum of sentence if amounts had been so paid there would ha#e

been ustification for plead by sentence sentence awarded should be

such nature to "i#e proper effect to obect of le"islation no drawer

of cheques can be allowed to take dishonour of cheques li"ht

heartedly. 'e#ersed the Badras 5i"h Court ;ud"ement $%%* '$( C)C

4(. $%%$ '*( C)C &* /C.

5i"h Court should follow /upreme Court ;ud"ment also all courts in

India it is not only matter of discipline but also mandate of

constitution as under /ection *1* that law declare by /C shall be

bindin" on all courts within the territory of India. $%%$ '*( C)C &*

/C.

Director retired not liable form 3o? &$ also file with re"istrar of

companies on %1-*%-*444 who ceased to be director on %1-*%-*444

shall be deemed to be resi"ned from date of resi"nation i.e.? before

the commencement of transaction complaint quashed a"ainst the

said director. $%%$ '*( C)C $$+ J $%%* '$( C)C +,.

/top payment without #alid reasons attracts /ection *&,. $%%* '1(

C)C +14 /C.

It is settled law that threshed hold 5i"h court is not ustified in

embarkin" upon enquiry as to reliability "enuineness or otherwise of

alle"ations made in complaint. $%%* '1( C)C +14 /C.

Complaint by e"ional mana"er /ubstitution subsequently - #alid - 3o

ma"istrate can insist that person whose statement was taken on oath

at first instance alone can continue to represent the company till end.

$%%* '1( C)C +14 /C.


10/50

3otice first on $4-%,-*440 /econdly on %+-%4-*440 same copy

#alid ser#ice of notice complainant sent notice on $4-%,-*440

returned with endorsement as party not a#ailable and not claimed on

%+-%4-*440 complainant sent #ery same notice dated $4-%,-*440with co#erin" letter on %+-%4-*440 accused proceed to same on %4-

%4-*440 date of sendin" of notice has to be construed as $4-%,-

*440 %4-%4-*440 has to be taken as actual ser#ice there is no

second cause of action and it cannot be said that notice was sent

beyond limitation period. $%*%* '1( C)C 0*+.

;udicial notice / **, and *&4 of 3IA Defense e#idence

must Presumption to consideration onus of proof re"ardin" absence

if lawful debt or liability burden of pro#in" that cheque had not been

issued for debt or dues liability is on accused formal denial by

accused was held erroneous accused did not let in e#idence to pro#e


11/50

absence of debt or liability - con#iction confirmed. $%%* '1( C)C

&$,$ /C.

Partners not mentioned in form A not liable Dischar"e maintained

Prosecution a"ainst person who is not parties form AG does notreflect name of re#ision petitioner as partner at rele#ant point of

time 5i"h court dischar"ed petitioner relyin" on entry in form AG as

it is public document and ;udicial notice can be taken. )he petitioner

filed an application for dischar"e from the case. It was reected by

the trial court 5C dischar"e the accused in re#ision. $%%* '1( C)C

&1.

Liability by company cheque by employee loan Account company not

liable Financial liability of company employee of company issuin"cheque in his indi#idual capacity to dischar"e liability to company

company and employee both arrayed as accused proceedin"s a"ainst

company quashed. $%%* '1( C)C $+,.

5olderG definition Pay order issued by Co-operati#e @ank in fa#our

complainant bank on account of their customer complainant bank "ot

assi"nment of such instrument 5older means any person entitled in

his own name to possession of cheque and to recei#e or reco#er

amount from parties there to complaint bank was also holder in due

course as they become possessor of pay order before it became

payable. $%%* '1( C)C *,& /C.

DrawerDrawee /ame person *&, lies @ill of e2chan"e must

direct certain person to pay particular sum of money three persons

are not absolutely necessary to constitute bill of e2chan"e Phrase

directin" certain person to pay need not necessarily refer to third

person Drawer and drawee in bill of e2chan"e could be same person.

$%%* '1( C)C *,&.

Pay order lies >/ *&, Co-operati#e bank true pay order a"reein" to

pay complainant bank on account of particular customer complainant

bank "ot pay order assi"n to its name from customer complainant

bank presented such pay order and it was returned dishonoured for

want of funds pay order is either bill of e2chan"e or promissory


12/50

note holder of such instrument is entitled to treat it as either bill of

e2chan"e or promissory note in terms of /ec.

*+ of 3IA Complainant bank ha#in" elected to treat pay order as

cheque? such pay order becomes cheque. $%%* '1( C)C *,& /C.

Ba"istrate can consider offence >/ 1$% IPC 'if not >/ *&, 3IA( -

Ba"istrate refusin" to take co"ni:ance of offence >/ *&, 5C on

re#ision up holdin" order of Ba"istrate but remandin" matter to

consider >/ 1$% IPC Ba"istrate can take co"ni:ance after enquiry.

$%%* '1( C)C *,4 /C.

3otice to company enou"h Debt includes others liability also

3otice to company enou"h Debt or other liability includes due from

other than drawer. $%%* Crl.L.;. $&4$ 'A( Bad.

;oint A C return as si"nature required from another directorG

*&, lies. Cheque returned as account operation ointly. Another

director si"nature requiredE Amounts to dishonour. $%%*

Crl.L.;.$$4+ 'A( @om.

arlier cheque for bill discountin" not #alid for subsequent 5P

transaction @lank cheques issued for bill discountin" facilityG

/ubsequently accused issued another set of cheques for hire purchase

a"reement earlier cheques cannot be used for this. $%%*

Crl.L.;.*,.

3on "i#in" of reply notice will not "rand for con#iction. $%%*

Crl.L.;.*,.

/ec.1$% is #alid e#en after /ec.*&, is introduced. $%%* Crl.L.;.*1,4

'@(.

e"istration from firm should be pro#ed in trial only. $%%* Crl.L.;.

$41 'D(.

D; can restore the case dismissed for default - complaint dismissed

for default. )he ;B becomes functus officio and complaint cannot be

restored. 5owe#er D; can restore? if counsel immediately represent

after dismissal. $%%* Crl.L.;.$,$*. =ar.


13/50

Principal also liable. Cheque issued by authorised si"natory "i#en by

principal Principal would bound by act if mandate holder? who

primarily liable. $%%* Crl.L.;. &*$% Bad.

Presumption - 8nce cheque was issued by drawer to payee it shall be

presumed that it was issued for dischar"in" le"ally enforceable

liability. $%%* '&( C)C 1%&.

Peculiar return Comes >/ *&, Cheque returned as payeeEs

#ernacular endorsement requires attestation by drawer of by a

Ba"istrate with sealG. )his reason of endorsement is quite irrele#ant.

$%%* '&( C)C 1%&.

3o a#erments about funds in complaint plea reected. Complaint

cannot be quashed merely because complaint does not contain

a#erment re"ardin" insufficiency of funds. $%%* '&( C)C 1%&.

*stnotice not >/ *&, 'b( $ndnotice #alid 3o cause of action for $nd

notice. @ut if notice >/ *&,'b( issued after * days no cause of

action for that notice. $ndnotice #alid. 8nce notice as contemplated

>/ *&, 'b( is issued within prescribed period of * days and no

complaint is filed there on drawer committin" default of compliance of

such notice payee cannot represent same cheque and create another

cause of action. $%%* '&( C)C &%4 /C 'D@(.

Complaint by mana"er throu"h power deed for company #alid

Complaint by mana"er of payee company on the stren"th of power of

attorney deed is held to be #alid. $%%* '&( C)C &%*.

Defense e#idence must )he rebuttal does not ha#e to be conclusi#ely

established but such e#idence must be adduced before the court in

support of the defense that the court must either belie#e defense to

e2ist or consider its e2istence to be reasonably probable. $%%* '&(

C)C $1& /C.

/pecial Kcourt urisdiction for /ec.*&,. /pecial court shall ha#e

urisdiction to try offence >/ *&, if it relates to transactions in


14/50

securities durin" %*-%1-*44* and %0-%0-*44$ irrespecti#e of date if

commission of defense. $%%* '&( C)C $1& /C.

/ection *&4 Presumption by law presumptions >/ *&, and *&4

makes if obli"atory on part of court to raise such presumptions wherefactual basis has been made for raisin" such presumption. $%%* '&(

C)C $1& /C.

Correction of date should be within 0 months )he #alidity of cheque

>/ *&,'a( is 0 months only? hence if any correction of date should be

done within that period. '8#er ruled /C(. 'Contra to $%%* '&( C)C $.(

$%%* '*( L! 'Crl( &&$.

/tale cheque complaint cannot be dismissed so Ba"istrate withoutconsiderin" alle"ation simply dismissed complaint on "round as stale

cheque unsustainable 'cheque was returned as funds insufficient and

stale cheque( *44, II Crimes &+.

6uestionin" on sentence not necessary. 6uestionin" about sentence

>/ $$ of Cr.P.C with accused not necessary in summons case. $%%*

'&( C)C $.

Corrected date #alid 0 months from correction. /i2 months period

contemplated >/ *&, would commence from last corrected date as

shown in cheque accused requested complainant not to present same

for payment immediately and that complainant could correct date of

cheque and present for payment. 'Contra $%%* '*( L! 'Crl( &&$( $%%*

'&( C)C $$.


15/50

sentence but a fresh compensation cannot be awarded 'para *%

findin"( $%%* '$( C)C 4.

3otice under instructions from power a"ent #alid notice. $%%*

Crl.L.;. $*.

3otice demands cheque amount? cost? etc.? not in#alid. $%%% Crl.L.;.

*&4*.

9icarious liability 8ther directors not liable must prima facie

disclose acts by other directors. Complaint must prima facie disclose

acts committed by Directors from which reasonable inference can be

drawn re"ardin" #icarious liability. $%%* '$( C)C &1+.

@efore trail can be dischar"ed on perusal of public document. Court

is within its power to consider e#en materials which accused may

produce e#en before commencement of trial to decide whether

accused is to be dischar"ed public document can be looked in to

form &$ is such a document. $%%* '$( C)C +, J $%%$ '*( C)C $$+.

/ufficiency of a#erments Authorised si"natory liable. Complaint

containin" clear a#erments that cheques were issued by authorised

si"natory of company only at instruction of other directors they are

liable. $%%* '$( C)C +, J $%%$ '*( C)C $$+.

etired director not liable. Form &$ re#eals that $ ndpetitioner did not

function as director either on ate of cheque or when cause of action

arose for non-payment quashed. $%%* '$( C)C +, J $%%$ '*( C)C

$$+.

@ills of e2chan"e and cheque Post dated cheque is bill of e2chan"e

till date that bears arri#es. Cheque is also bill of e2chan"e but it is

drawn on banker and payable on demand. @ill of e2chan"e e#en if

drawn on banker is not payable on demand and is not cheque. $%%* '$(

C)C + /C.


16/50

Date of cheque should be taken not date of issue /i2 months time

commences only from date which cheque bears and not date on which

it was handed o#er to complainant. $%%* '$( C)C + /C.

Cheque issued by company unless company liable other directorsnot liable. >nless the company is made liable the question of punishin"

the person who are anchora"e it and are responsible for business does

not arise. )herefore? actual offence should ha#e been committed by

the company and then abo#e the other two cate"ories of persons >/

*1* '*? $( become liable. $%%* '*( C)C +$.

3otice to company #alid other directors not necessary. 3otice

ser#ed on company but not BD and director who are parties in

complaint is #alid notice >/ *&,. $%%* '*( C)C +$.

Date of makin" complaint is date for limitation Bakin" of complaint

cannot be equated with takin" co"ni:ance of an offence @ar by

limitation >/ *1$'b( applies for makin" complaintG and not for

takin" co"ni:ance. $%%* '*( C)C +$.

/ecurity plea reected. /i"nature admitted presumption can be

rebutted cheque issued for security unacceptable. $%%* '*( C)C

0+*.

Criminal case >/ *&, cannot be stayed on "round of pendin" of Ci#il

/uit. $%%* '*( C)C 0+*.

Cr.P.C. /ec. 1$%. Failed to pay installments? as per a"reement

criminal case will not lie it is pure ci#il nature. $%%* '*( C)C 0$1.

Post office sa#in"s bank also co#ers >/ *&,. $%%* '*( C)C 0*0 /C.

Cheque should be presented within si2 months at payin" bank. Cheque

should be presented within 0 months 'or( within #alidity which e#er is

sooner? at payin" bank? not at collectin" bank. $%%% Crl.L.;. **$


17/50

3otice to correct address return as out of stationG #alid ser#ice.

3otice sent to correct address returned as out of stationG

deemed ser#ice #alid notice. $%%% Crl.L.;. *%%.

Baterial le"al infirmities in complaint fatal. Baterial le"al infirmities

in complainantEs story successfully rebut the presumption a"ainst

accused acquittal of accused proper. $%%* Crl.;. +1 =ar.

Interpretation of law should achie#e purpose of act. Law should be

interpreted in li"ht of obects intended to be achie#ed but such law

such interpretation is necessary e#en it de#iates from "eneral law.$%%* '*( C)C &,.

eply as recei#ed empty co#erE second time collection H 3otice

#alid. Payee of cheque sendin" notice to drawer on dishonour drawer

sendin" reply that he recei#ed only empty en#elops payee -

representin" cheque and issued another notice and after compliance

of act 9alid. $%%* '*( C)C &,.


18/50

3o notice to company but to BD who si"ned cheques #alid. 3o

notice was issued to company on behalf of which cheque was issued

want of notice to company will not in#alidate criminal proceedin"s

a"ainst director who issued the cheque pro#ision for notice cannot

be construed in narrow technical way with e2aminin" subect matter prosecution is maintainable. $%%* '*( C)C *+% /C.

---------------------------------------------------

$4%$%%&-------------------------------------------

ntire payment of cheque made e#en then offence is not absol#ed.

8nce offence is committed? any payment made subsequently will not

absol#e accused if liability of criminal offence but may ha#e effect in

awardin" sentence. $%%* '*( C)C *+% /C.

@ank officer need not be e2amined. It can be taken as e#idence

without e2amine the bank officers. $%%% BL; 'Crl( &1&.

Director not in char"e of business not liable. Director of company who

was not in char"e of or was responsible for conduct of business of

company at time of commence cannot be prosecuted as such person

does not fall within pur#iew of sec. *1* of 3IA. $%%$ '1( C)C 1&$ /C.

Premature complaint #alid. Filin" of complaint and takin" co"ni:ance

of an offence distinction mere presentation of complaint in court

does not mean that its co"ni:ance has been taken by ma"istrate

Date of filin" of complaint is not crucial and date if takin" co"ni:ance

is rele#ant mere presentation of complaint at an earlier date need

not necessarily result in dismissal of complaint or confer any ri"ht

upon accused to absol#e himself from criminal liability. $%%% '1( C)C

/C.

3o plea 3o e#idence can be let in. *44% '*( BL; *$+. *44$ '*( BL;

*,,.

Left. Le"al notice returned as leftG comes under /ec. *&, @. $%%$

B!3 AP *4,.


19/50

Complaint presented by P.A.? but si"ned by complainant #alid.

Complaint presented by power of attorney but si"ned by complainant

himself - complainant need not described as BD description of

complainant in cause title would not defeat prosecution since

complainant has si"ned complaint. $%%% '&( C)C 0,%.

Complaint by PAG without prior permission of complaint #alid.

Complaint presented by power of attorney is maintainable e#en thou"h

complaint was not presented after obtainin" prior permission from

court such ille"ality would not #itiate proceedin"s. $%%% '&( C)C

0,%.

Fine e2ceeds s.? %%%- ille"alsecurity of immo#able property can

be considered. Ba"istrate imposin" sentence of 0 months and fine ofs.*$.,$ lakhs will be paid as compensation no compensation can be

awarded where sentence is not only imprisonment but also fine. Para

,. Accused "i#en immo#able properties as securities 'matter

dismissed(. $%%% '&( C)C $%+.

ecall fillin" up lacuna not #alid. Petition >/ &** of Cr.P.C. to

e2amined P!.&. @ank officer to lead e#idence re"ardin" the fact

misquoted by P!* complainant held? to fill up lacuna petition not

maintainable. *444 Crl.L.;. *%4+.

Authorised si"natory liable. Authorised si"natory of company is

liable to be prosecuted. )here is no resolution appointin" him by the

board not necessary - plead reected. *444 Crl.L.;. $$4.

Impro#in" case in counter in#alid. It is well settled law that it is not

open to the respondents to impro#e their case by furnishin" certain

details in counter affida#it. $%%% '&( C)C *&+.

/er#ice of notice not mentioned in complaintfatal. )he only "round on

which the learned counsel for the appellant prays for quashin" of the

complaint is that on the assertions made in Para , of the complaint? it

must be held that notice has not been ser#ed - /ec. *&, states that

)hat bein" so in the complaint itself ha#in" not been mentioned that

the notice has been ser#ed? on the assertions made in Para , of the


20/50

complaint? the complaint itself is not maintainable quashed. *444 '&(

C)C *01 /C.

8ral power enou"h. It was held in AI 9s? amachandran 'AI *40*

@om $4$( that order 0? rule *1 - si"ned by any person duly Authorisedby him to si"n the sameE in rule *1 need not be restricted to written

authori:ations. In the authori:ation is pro#ed? e#en an oral

authori:ation should be taken as sufficientE thou"h the said decision

is based on order *1 CPC there is no distinction as far as the

authori:ation is concerned between ci#il and criminal laws. *444'&(

C)C *1&.

'Family members( 8ther partners not liable >/ 1$% Crl. Proceedin"s

not a short cut. Family members of accuseddrawer of cheque Crl.Proceedin"s a"ainst them >/ 1%0 H 1$% IPC held to be an abuse of

process of law quashed. Crl. Proceedin"s are not short cuts for other

remedies a#ailable in law any how *&, proceedin"s to be continued.

$%%% '$( C)C *%+.

@orrowal alle"ation enou"h. /tatement that accused had borrowed

money and towards repayment he had issued cheque 5eld there are

sufficient pleadin"s to indicate that cheques were issued for

dischar"e of e2istin" debt. *444 '*( L! 'Crl( 1*1.

Premature complaint in#alid. Complaint filed before e2piry of * days

from date of ser#ice of notice complaint bein" premature liable to

be quashed. $%%% Crl.L.;.$+$ ';H=(. 'Contra. 44 Crl.L.;. 414 J $%%%

'1( C)C /C. Premature complaint #alid(

3o plea to prosecute partner for company accused not liable.

Accused not sou"ht to be prosecuted in his capacity as officer or

person in char"ed of responsible to conduct of business of company

complaint a"ainst accused liable to be quashed. $%%% Crl.L.;. $$0 AP.

)ransfer of cases to one court same parties allowed. Parties in all

cases are same. In interest of ustice and also for con#enience of

conductin" trial complaints directed to be transferred to Chennai

from 5ydrabad. $%%% Crl.L.;.$1+$. /C.


21/50

3o bar on sick companies. It commission of office >/ *&, 3IA was

completed before commencement of proceedin"s >/ $$'*( of /ick

Industrial Companies Act $4, there is no prohibition in maintainin"

prosecution >/ *1$ of the 3I Act. $%%% '$( C)C 1, /C.

Alle"ation not necessary a"ainst partners. 2press alle"ation need not

be required to be made a"ainst such partner who acti#e in day today

affairs. 4, Crl.L.;. *% M


22/50

termed as future consideration? and if any cheque is "i#en for future

consideration? it cannot be said as unlawful. *440 Crl.L.;. &%44.

3ot claimeddeemed ser#ice. Intimation "i#en notice not claimed

willful ne"li"ence notice deemed ser#ed. *44, II L! 'Crl( 10,.

I notice not claimed. II notice not #alid. Ist notice returned as

unser#ed? 3o cause of action for II notice. 'Findin"(. *44+ Crl.L.;.

1$+ AP.

Cause of action arises only once. *444 BL; 'Crl( 014.

)wice fine not must. Impose fine twice the cheque amount not

imperati#e that court should impose in all cases. *444 BL; 'Crl( $1*.

Interest. Claimin" interest in notice not ille"al. *444 BL; 'Crl( $04.

* days time in notice not necessary. Bentionin" * days time in notice

is not necessary. *444 BL; 'Crl( *&,.

/ubstitution #alid. Complaint filed by one person. /ubsequently deed

altered and another person Authorised #alid. *444 BL; 'Crl( +$+

=ar.

>nre"istered firm can file complaint. Complaint filed by

unre"istered partnership firm is #alid. e"istration is required for

ci#il ri"hts only. *444 BL; 'Crl( +$+ =ar. 'Contra *444 '$( C)C 1%.

>nre"istered firm cannot file suit.(

nhancement of punishment. /entence inadequate? hence the same can

be modified. *444 BL; 'Crl( ***.

All partners not liable. It would be tra#esty of ustice to ask all the

partners to pro#e that the offence was committed without their

knowled"e. *4,4 /C *4,$.

Company not liable if cheque issued indi#idually. Complaint a"ainst *st

accused company who is not drawer of cheque is not maintainable


23/50

Complaint a"ainst company quashed. Cheque issued by $ndaccused in

indi#idual capacity for company. $ndaccused alone is liable. $%%% '$(

C)C 11&.

3otice and case a"ainst BD #alid. Complaint filed a"ainst Bana"in"Director who has si"ned cheque 3otice issued to si"natory of cheque

is #alid 3o infirmity in issuin" notices >/ *&,. $%%% '*( C)C &%$.

Complaint can be filed either by party or by pleader.

Power deed not filed at the time of filin" #alid.

)he court hasE dutyE not powerE to accept the complaint.

Complaint can not be returned for curin" defects etc..?

All documents not necessarily are filedmere complaint is enou"hN

3umber should be "i#en #ia separate re"ister? while filin". Limitation applies for filin" onlynot for representin"? etc. $%%* '*(

C)C $$.

Company not necessary party. Complaint can be proceeded with as

a"ainst other person e#en if prosecution proceedin"s a"ainst company

were not taken. $%%* '*( C)C 41 /C.

Power a"ent by BD of company in#alid. Pri#ate company filed case

power of attorney a"ent of BD of pri#ate company has no locus stand

in the absence of authori:ation by means of company resolution

dele"ate cannot dele"ate. *444 '&( C)C +01.

3otice by drawer #alid. Cheque can be presented any number of

timesO - 9alid notice no form of notice is prescribed under Act to

drawer on dishonour of cheque notice sent by drawee directin"

drawer to arran"e for payment on re-presentation of cheque and

threatenin" to initiate criminal action constitutes #alid notice for

purpose of this section. /ec.*1$ police could not start in#esti"ation

without written complaint. *444 '&( C)C 0** /C.

Cause of action commences from. Arose after * days from the date

of return of the notice as unclaimed. *444 '&( C)C &, /C.


24/50

Compensation un limited. 3o limit is mentioned in /ub.sec. '&( of /ec.

&+ Cr.P.C. ma"istrate can award any sum as compensation but

reasonable. *444 '&( C)C &, /C.

3otice returned unclaimed deemed as ser#ed. PayeeEs duty is o#er bydispatchin" notice. A payee can send the notice for doin" his part for

"i#in" the notice. 8nce it is dispatched his part is o#er and the ne2t

depends on what the sendee does. #adin" ser#ice of notice is deemed

ser#ed. *444 '&( C)C &, /C.

Fine/entence. Ba"istrate cannot impose fine e2ceedin"

s.%%%-sentence not e2ceedin" three years. 5i"h court cannot

increase the sentence imposed by trial court '/ec? &,0 Cr.P.C.(. *444

'&( C)C &, /C.

;urisdiction )erritorial. *(. Drawin" of cheque $(. Presentation of

cheque to bank. &(. eturnin" of cheque unpaid by ban. 1(


25/50

@elated petition >/ 4* Cr.P.C. #alid. Petition filed >/ 4* Cr.P.C. to

pro#e his case and for rebuttal of the presumption >/ *&, of 3IA

petition filed durin" e2amination >/ &*& Cr.P.C. i"ht of the

accused can not be na"ati#ed on the "round as belated. *444 L! 'Crl(

I ,$.

Authori:ation not pro#ed #alid. Complaint filed by company throu"h

mana"er authori:ation not produced e2istence of authori:ation not

bein" a pre condition? complaint maintainable. *444 I Crl.L.;. *%&$.

@om. 'Contra 44 Crl.L.;. 1*4 AP(.

3otice to BD #alid. 3otice issued to BD and not to company -

complaint a"ainst company

Baintainable notice #alid. *444 '&( C)C *+4.

Authori:ation. If the authori:ation is pro#ed e#en an oral

authori:ation should be taken as sufficient. *40* @om $4$.

8ther partners not liable. Initiatin" prosecution a"ainst sleepin"

partners or own? when the company is main offender cannot sustained.

*44$ L! 'Crl( *$%.

8ther partners not liable. )here may be ladies and minors who were

admitted for the benefit of partnership. )hey may not know anythin"

about the business of the firm. It would be tra#esty of ustice to

prosecute all partners and ask them to pro#e under the pro#iso to sub

section '*( that the offence was committed without their knowled"e.

*4,4 /C *4,$ J *4,& Crl.L.;.*4.

/top payment attracts /ec. *&,. *440 '*( C)C *4& J *440 I L! 'Crl(

&$. Also *44+ '*( C)C 1.

3otice refused #alid ser#ice. /er#ice on directors of company to

proper address which was refused is #alid ser#ice. *444 '&( C)C *1&.

Cheques "i#en as security not #alid. Dishonour of cheques "i#en as

security towards loan would attract /ec. *&, 3IA. *444 '&( C)C *1&.


26/50

Authori:ation after filin" #alid. /ubsequent authori:ation "i#en

cannot be thrown out on the "round that there was no authori:ation

"i#en at the time of filin" complaint. *444 '&( C)C *1&.

8ther directors not liable. 2cept for bald a#erment there was noe#idence to show that they were in char"e of and responsible for

conduct of business of company. *444 '&( C)C *1&.

/top payment Attracts /ection *&, 3I Act. *444 '&( C)C *1&.

Premature complaint #alid. Premature complaint complaint filed

before e2piry of * days from date of ser#ice of notice sum not paid

e#en after * days ma"istrate can take co"ni:ance of such

complaint. *444 Crl.L.;. 414 M a. '8#erruled $%%% Crl.L.;. $+$;H=(.

;B can fine more than s.%%%-. ;B can impose more than s.?

%%%- in #iew of the /ec. *1$ of 3I Act. 'Dissented by aman ;.(

*444 Cr.L.;.40, Bad. J *444 '$( C)C 0$ 'F@(.

Abetment char"es in#alid. BD and salesman of company at rele#ant

time are not liable for refund of amount by present BD 3o abettin"

char"es a"ainst them are liable >/ *&,. *444 I Crl.L.;.+.

)ime not necessary. Firm need not be included as accused unless

'*(. It is established that the firm alone was liable to dischar"e

liability. '$(. eturn memo issued after *% days by bank? notice issued within *

days after the said *% days #alid. *444 Crl.L.;.4&1?

Authori:ation not produced #alid. Complaint filed by company

throu"h mana"er authori:ation not produced e2istence of

authori:ation not bein" a pre condition complaint maintainable. *444

I Crl.L.;. *%&$ 'Contra 44 Crl.L.;. 1*4 AP(


27/50

3otice not returned or deli#ered. 3otice sent throu"h re"istered post

neither postal co#er nor acknowled"ement returned presumption is

notice ser#ed. *444 Crl.L.;. &$4 AP.

3otice not ser#ed as "ara"e closed. 3otice not ser#ed as "ara"eclosed maintainable. *444 Crl.L.;. 414 '@( a.

;urisdiction. Court within whose urisdiction cheque was presented

for encashment has urisdiction to entertain complaint. *44,

Crl.L.;.$1%$ =er.

Deposit of amount not enou"h. Deposit of amount by accused in

account not sufficient to hold that that offence >/ *&, is not made

out. >nless it is shown that such payment was made towards theamount payable under cheque. *44, Crl.L.;.&$ 'A( a.

Company not necessary. Company need not be added as accused 'based

on *4,1 /C *,$1( 'should be added *4,, /C **$&(. *44, Crl.L.;.1+,.

Bens-rea not necessary. *444 Crl.L.;. 1&0* '@( @om.

3o a#erments a"ainst directors quashed. 3o a#erments or alle"ation

a"ainst directors nor material showin" alle"ed offence was

committed with consent of them proceedin" quashed a"ainst him.

*44, Crl.L.;. 1&,& 'Del( 1$* 'AP(.

Limitation. Period of * month for filin" complaint will be reckoned

from the day immediately followin" the day on which * days of

receipt of notice e2pires. *444 Crl.L.;. *,$$ /C.

Dischar"e not maintainable. )here is no pro#ision for the summons

cases to file an application for dischar"e under /ec. $1 Cr.P.C. that

too after the witness ha#e e2amined. *444 Crl.L.;. $$&0 Bad. '@(.

IP not co#ered. Protection a#ailable under IP act does not co#er

proceedin"s under /ec. *&, 3I Act. *444 Crl.L.;. $$&0 Bad. 'A(.


28/50

eco#ery. Proper course should be filin" a ci#il suit before ci#il court

to reco#er money. *444 Crl.L.;. $*&0 a.

Abuse of process. /uppressin" facts of pendin" re#ision? filin" quash

petition >/ 1,$ Abuse of process of law. *444 Crl.L.;. $%*% Bad.

Contempt. Filin" petition to stallstay udicial proceedin"s by

suppressin" material facts amounts to contempt of court. *444

Crl.L.;. $%*% Bad.

/ec? $1 Cr? P? C. /ection $1 Cr.P.C. is applicable to only warrant

cases not for summons cases. *444 Crl.L.;. $%*% Bad.

3otice without time. !ithout mentionin" any time in the notice ifthe complainant approaches the court after * days? the complaint is

maintainable. *444 Crl.L.;. $%*% Bad.

3otice in writin"fa2. 3otice throu"h re"istered post as well as fa2.

Fa2 reached the same day cause of action starts runnin" complaint

filed after * days of receipt of re"istered post not maintainable

should ha#e filed within &% days of receipt of fa2 notice. *444 '$( C)C

&1 /C.

Payment stoppedAccount closed. Dishonourin" cheque on "round that

account was closed is consequence of act of drawer brin"in" his

account to 3il amountE such dishonour of cheque would attract /ec.

*&, /ec. *&, would become dead letter if instruction issued to bank

to stop payment immediately after issuin" cheque a"ainst debt or

liability. *444 '$( C)C &1+ /C.

Documents of theft not necessary for *&,. Documents relatin" to

theft of cheque are held to be not rele#ant in criminal proceedin"s

relatin" to dishonour of cheque. *444 '$( C)C $4,.

Complaint a"ainst insol#ents maintainable. Criminal prosecution

a"ainst insol#ents are maintainable? *444 '*( C)C 0,+.


29/50

Accused Power of Attorney not maintainable. Accused cannot appear

throu"h his power of attorney holder /ec. $% dispenses with

personal attendance of accused permitted throu"h appear throu"h

counsel. *444 '*( C)C +$%.

/ec. $1 Cr.P.C. not maintainable after trial be"ins. After

commencement of trial no dischar"e petition is entertain able. *444

'*( C)C $+.

/ec. $0 Cr.P.C. Dismissal not warranted. 3on appearance of

complainant acquittal hurriedly no reasons stated in the order

disposal oriental orders condemned orders set aside. *444 '*( C)C

&+*.

Cheque as security in#alid. Cheque issued as security for ad#ance

amount 3o liability subsistin" on date of e2ecution of cheque

prosecution >/ *&, will not maintainable. *444 '*( C)C 0.

>nre"istered firm. Complainant cannot be compelled to implead an

accused that is unre"istered firm. *44, '$( C)C $,$.

Cause of action arises only once. 8nce notice issued and accused failed

to pay the amount within * days? the cause of action arose? and

complaint has to be filed. 3o notice $ndtime can be issued. Any

number of times cheque can be presented for collection? but notice

only once can be issued. *44, '$( C)C 10$.

Partners not liable. Partners who are not responsible for day today

affairs of firm need not be arrayed as accused. /ince they are only

sleepin" partners? they are not liable to be tried. *44, '$( C)C 1,.

Demand of more amount than cheque. /tatutory notice demanded

more amounts then cheque is #alid. *44, '$( C)C 1,.

Amendment. Description of accused mentioned wron"in" complainant is

allowed to amend the same. *44, '$( C)C &+$.


30/50

eturn memo Limitation. eturn memo dated $0-*$-*44$ is recei#ed

by holder in due course after ten days. 3otice dated **-%*-*44& is

#alid. *44, '$( C)C $,$.

Public holiday. Cheque dated $$-%1-*440 Cheque presented on $$-*%-*440? since $*-*%-*440 is public holiday cheque is #alid. *44, '$(

C)C K*0.

/top payment not a "round. /top payment no "round to hold that

payees are not "uilty. *44, '$( C)C *0.

Le"al heir #alid. Death of complainant will not terminate proceedin"s

>/ *&, 3I Act. ComplainantEs presence not necessary le"al heirs

can be impleaded. *44, '$( C)C 01+.

)ime in notice not necessary. Bentionin" of any period in notice

within which payment of cheque is to be made not necessary. *44,

Crl.L.;. $&%4 a.

Authori:ation to company not necessary. Complaint filed by company

obection that no authori:ation "i#en by company to director plead

reected )he person who is in char"e and responsible for conduct of

the business of the company can file. *44, I L! &1.

8ne month Definition. Definition one monthE in /ec.& '&( of


31/50

5olidays acceptable Company not necessary B.D. enou"h - Plea that

presentation of cheque about 0 months $ days after its issue and

complaint not sustainable reected. Inter#enin" of period of public

holidays on the day of e2piry of cheque to be e2cluded >nder section

$ company functions throu"h human a"ency. 5ence? B.D.? inindi#idual capacity cannot escape from his liability complaint

maintainable. *44, II L! 'Crl( 0***.

e-a"reement compensation )here was an a"reement between

parties hence section not attracted plea reected time imposed

and compensation to complainant "ranted. *44, II L! 'Crl( 0$*.

/ *&,. *44, II L! 'Crl( 0&+.

/ecurity plea that cheques were issued only as security and unless

the sale transaction of the property is completed the petitioner is not

liable to make any payment reected. *44, II L! 'Crl( 01%.

/ection $1 Cr.P.C.? not maintainable >nder /ection *&, 3.I. case

'findin"( *44, II L! 'Crl( 01%.

Deemed 3otice deemed notice can be constructed as receipt

contemplated under /ection *&,. *44, Crl.L.;. &4%&. 'Bad(.

Abatement Proceedin"s does not abate on death of payee power

a"ent is le"al. *44, Crl.L.;. &,+% 'Bad(.

/top payment Presumption under /ection *&4 in fa#our complainant

notice to stop payment would not preclude action >/ *&, by draw.

*44, Crl.L.;. '/C( *&4+.


32/50

/ilent partner Complaint a"ainst person who is not responsible for

conduct of business company not maintainable. *44, Crl.L.;.'a(

&$ D.

;urisdiction Acquittal on the basis of urisdiction alone not proper.Complaint should be returned for presentation before proper court.

*44, Crl.L.;. '=er(. $+ @.

Alternation Incerstion of date can be presumed as inserted with

implied consent of drawer presumption not rebuttal cheque not

#oid. *44, Crl.L.;. '=er( &$$,.

/ection $% /uit on promissory note si"nature admitted pronote

can be wholly or partly blank dismissal not proper. *44, Bad $&.

Limitation /ection *& 3IA 3otice ser#ed on * /eptember

complaint filed on *0 /eptember complaint not prematured. *44,

Crl.L.;.4'A(


33/50

0 cheques sin"le complaint #alid. Dishonour of si2 cheques sin"le

complaint

maintainable. *44+ II C)C 0+.

Power a"ent substituted maintainable Company can be representedby person authori:ed afresh Power a"ent can be substituted. *44+

II C)C 0+.

Imprisonment alone to be suspended by 5i"h court but not both

imprisonments and fine. *44, L.!. 'Crl( $&4.

5older in due course 2ecution pro#ed le"al presumption would

arise that consideration was passed on at time of e2ecution claim

that assi"nee was not holder in due course 3o e#idence claimreected. *44+ AI Bad * '/.**, 3) Act(

3otice unclaimed - has to be pro#ed by complainant at the time of

trial. *44& I B!3 &&0 J *44, /C 0&%.

3otice to firm enou"h Complaint a"ainst the firm 3otice need not

be sent each partner to firm itself sufficient. *44, Crl.L.;. 1& '@(

AP.

Bere ad#ance information not to present cheque without makin"

arran"ements for funds not #alid. )he notice must contain le"al

tenable reasons. 8therwise /ection *&, 3I Act will attract. *44,

Crl.L.;.*% '@(


34/50

/ection 1$% IPC can be clubbed. /ection 1$% Indian Penal Code can be

clubbed with complaints filed >nder /ection *&, of 3I Act. *44&

Crl.L.;. $*40.

Account closed All cheque lea#es should be returned otherwiseclosed Account is deemed to be ali#e. Clearly attracts /ection *&, 3I

Act. *440 Crl.L.;. *,*0.

Presumption is that the cheque is issued to dischar"e debt Accused

has to pro#e contra. *440 Crl.L.;. 0,*.

Date of issue immaterial. *44$ Crl.L.;. 'PH5( *%11.

nquiry >nder /ection $%$ Cr.P.C. necessary. *44+ I L! 'Crl( 1**.

Bana"er of firm can file the complaint. *44+ I L! 'Crl( $4+ J *44$ &

Crimes *%41.

;urisdiction to two courts presented to one court in time is #alid.

*44+ BL; 'Crl( $,,.

Le"al notice "i#en from branch office is also a place where cause of

action arose. *44+ I L! 'Crl( $%.

Power of attorney? payee or holder in due course can file the

complaint. *44+ II L! 'Crl( 0&+.

nquiry is necessary before issuin" process detailed order should be

made with reasonin". *44+ BL; 'Crl( $+%.

Cheque returned notice issued case not filed within time a"ain

same procedure is #alid continuin" offence. *44+ BL; 'Crl( $ '=ar(

5C. e#ersed *44, C)C II /C 10$.

Compoundin" cannot be done in *&, cases. *440 Crl.L.;. *& '=er(.

Boney lender co#ered >/ *&, 3I Act. *440 I Crl.L.;. 'AP( 0&0 'A(.


35/50

Bens rea not necessary. *440 I Crl.L.;. 'AP( 0&0 '@(.

Power a"ent can file a complaint. *44 I Crl.L.;. **%$.

Company need not be added as party to the proceedin"s . *44 ICrl.L.;. **%$ 'followed AI *4,1 /C *,$1 Criminal case(

A#erments a"ainst company not necessary. *44 II Crl.L.;. $&%0.

8#er ruled 4, L! 'Crl( $1.

Accused can ask for dischar"e in /ection *&, cases 'findin" Para 1(.

*440 II L! 'Crl( 04%.

Consideration can be past? present or future promise to deli#er "oods

in future is liable. *440 Crl.L.;. '


36/50

3otice to reasonably correct address is sufficient. *440 Crl.L.;. '=er(

*%*&.

/er#ice of notice deemed notice is sufficient. *44 II BL; & '/3(.

Dismissed complaint cannot be taken back if reasons for absence not

e2plained. *440 I L! 'Crl( $$*.

Complainant absent hence dismissed. Can be taken back if the reasons

e2plained 'A"ainst if reasons not stated(. *441 II L.!. 'Crl( +0*.

@urden of proof on the part of the accused. *440 Crl.L.;. 'Bad( &&,+.

@urden of proof on the part of the accused. *440 I L! 'Crl( &$%.

If notice "i#en as not to present the cheque for collection before itEs

presentation /ection *&, will not be attracted. *440 I L! 'Crl( &$.

'/C(. 9/D *44, /CC III $14 A.

Account closed can be taken for file. *44 Crl.L.;. 'Bad( *,,$ '@(.

Cause of action arose any number of times on the same cheque. *44

Crl.L.;. '=ar( *&,1.

3otice return as 3ot foundG 3otice not ser#ed hence demand not

made? acquitted. *44 $ L! 'Crl(. Arumu"am ;.

Dischar"e of accused entitled for dischar"e on merits in *&, case

remanded. *44 I L! 'Crl( $++. an"asamy ;.

Limitation for representation If the return is by time limit it

deemed to be with in the custody of court. *44 I L! 'Crl( &%%.

Plea of failure to mention date of dishonour in statutory notice is

reected. *44 I L! 'Crl( $01. ;anarthanam ;.


37/50

!ithout impleadin" company as accused not maintainable. /ection

&*4 Cr.P.C.? for Impleadin" any other person as co accused will not

ha#e effect of curin" the infirmity.. *44 I L! 'Crl( *&$. an"asamy

;.

Cheque is not ne"otiable after bein" dishonoured? it cannot be

endorsed a"ain. *4,4 I L! 1%*.

efer to drawer Insufficiency of funds? e2ceeded the arran"ement

questions in#ol#ed determination on e#idence without ha#in" come on

record it will not be appropriate for the petitions to in#oke the

inherent powers of quash. 4$ B!3 II *,1.

Account closed can also be taken for file. *441 L! 'Crl( 00&.

Account closed will not attract /ec. *&, of 3I Act. *44* L! 'Crl(

+0.Contra

Account closed etc.? has to be pro#ed at the time of trial cannot quash

at this sta"e AP 5i"h court. *44& B!3 '*( $*.

Power of attorney can file complaint >s *&, 3I Act. *441 )3L; 1$.

/i"nature difference Berely because of some part was written by

somebody other than the si"natory? the cheque could not be said

in#alid. AI *44& =ar &&1.

efer to drawer. Amounts to insufficient funds Limitation falls on

holiday it can be filed ne2t workin" day. *441 L! 'Crl( '*( *.

)here is nothin" in the *&, that the payee alone can take action.

5older in due course also can take action. *441 )3L= &%.

Any one or more or all partners with firm may be prosecuted . *441 I

L! 'Crl( $0$. Pa"e $0& '0thPara end(.

Absence of any a#erment about the power of attorney? he cannot file

the complaints. *441 I L! 'Crl( &&+.


38/50

Company should also be added as party. *4,, /C **$&.

Firm should be arrayed as part otherwise the /ection *1* is not

complied with. *441 I L! 'Crl( *&.

Post Anti date cheques are #alid Post dated cheques deemed to be

drawn on the date it bears. *441 )3L; /C , J **441 )3L; /C &%.

Prayin" for issue of summons under 1$% IPC in the course of *&, trial

reected. *441 L! 'Crl( .

Dismissed for default 8n the "round of absence of complainant?

a"ain cheque presented a"ain same procedures complaint can be

taken for fresh cause of action. *441 L! 'Crl( &.

Power of attorney a"ent is #irtually the payee himself or holder in due

course. *441 L! 'Crl( &1.

Cheque can be presented any number of times within its #alidity

)here is no infirmity in it. *44& L! 'Crl( 0$+.

For the dischar"e in whole or in part of any debtG Absence of such

a#erment the complaint is ou"ht to be quashed. *44& L! 'Crl( 0%%.

Acquittal >nder /ection $0 of Cr.P.C.? - 9alid? if no reason is

assi"ned for the absence of the complainant re#ision dismissed. *44$

'$( B!3 .

/top payment will not affect the case before it is pro#ed that

sufficient funds are in account. *44$ '$( B!3.

)here is no bar for presentation of the cheque at a later point of time

also and if it is was dishonoured certainly the offence is made out.

*44$ BL; 'Crl( 0*,.


39/50

/ole proprietary concern impleadin" of the company is not necessary

plea that failure to implead the company as accused will #itiate the

prosecution? reected. *44& L! 'Crl( $+&.

Cheque presented to bank for collection on #arious dates and returnedas insufficient fundsG plea that *1$ contemplates only a sin"le cause

of action reected. *44& L! 'Crl( $+%.

2piry of 1 days time @ar of limitation where the complaint is filed

after e2piry of 1 days from the date of return of the notice. *44&

L! 'Crl( *%.

efer to drawer )his and other contentions in#ol#ed on e#idence to

be adduced and the matter cannot be decided on a petition to quashthe proceedin"s. *44$ L! 'Crl( &0.

Payment stopped Duty of the complainant to include necessary

a#erments as would disclose an offence on a readin" of the complaint

failure to make the same proceedin"s liable to be quashed. *44$ L!

'Crl( &0+.

Payment stopped Alle"ations that the accused did not ha#e

sufficient funds will brin" the complaint under /ection *&,. )he

alle"ations ha#e to be pro#ed only at the time of trial and proceedin"s

cannot be quashed at this sta"e. *44$ L! 'Crl( &%+.

#asi#e of notice )he deliberate e#asion of receipt of re"istered

notice would be a constructi#e ser#ice. *44* L! 'Crl( +0.

Proceedin"s in *stoccasion of dishonour? if not taken it is not a bar of

limitation of the same subsequently. *44* L! 'Crl( 1,*.

3otice in writin" is need not necessarily be only by a re"istered post

and it can be as well as by tele"ram or by a letter. *44* L! 'Crl( 10,.

Proprietor concern Proprietor himself is enou"h for prosecution

5is concern need not be added as party. *44* L! 'Crl( &1+.


40/50

Company should be added >nless the company is made an accused

the B.D. and others cannot be made as accused. *44* L! 'Crl( *&.

/uit based on a promissory note instituted by a nationali:ed bank

clamin" interest at the rates hi"her than the rate mentioned inpromissory note Interest of hi"her rate. 5eld can be allowed? only

when it is a"reed to by the debtor Directi#es of eser#e bank to the

nationali:ed bank not rele#ant. *44% I L!. *. /yndicate @ank? Pollachi

9s. Buthaiyan and another.

Imperfect notice cheque amount not mentioned in notice - 3otice

was for loan amount 3ot for cheque amount Loan amount and

cheque amount is different demand for amount co#ered by bounced

cheque is absent in notice - demandin" other than cheque amount willnot make the notice in#alid but demand for cheque amount should be

made clearly. $%%& '1( C)C $$ '/C(..

Clamin" more than cheque amount in notice not in#alid Claimin"

s.&%%- i.e.? cost of notice other than cheque amount will not be

"round for quashin" the complaint. $%%& '1( C)C +0.

Dischar"e maintainable in *&, cases It is true that dischar"e does

not arise in a summons case. @ut e#en if the petitioner prays for

dischar"e in such cases we cannot "i#e a restricti#e meanin" to the

word dischar"e? instead we can interpret if as droppin" the

proceedin"s a"ainst them. 'As char"es could not be framed in

summons cases? the question dischar"e does not arise(. $%%& Crl.L.;.

1&+&.

Cheque limitation Calendar month definition date of cheque cannot

be e2cluded. 4,

Crl.L.;. 1&&%.

Initial defects in complaint cannot be amended. $%%% '*( Crimes **& J

,& /C 0+.


41/50

Accused mana"in" director did not let in e#idence rebuttal let in

e#idence not rebutted. $%%& '1( C)C 0$,.

/top payment Bere stop payment will not absol#e the offence. $%%&

'1( C)C 0$,.

elationship elationship between parties in irrele#ant. $%%& '1( C)C

0$,. 'Contra to( 3otice to not to present cheque for collection

/ection *&, will not attract. '*44$ '$( /CC +&4 'Para $$( 3e"ati#ed.

Period of offence )he transaction took place in *44& /ection *&,

as stood at that time would be applicable to present case. $%%& '1(

C)C 0$,.

/entence /entence double cheque amount to be payable within one

month in default 0 months simple imprisonment. $%%& '1( C)C 0$,.

9ID3C AC)

!ill - Attestation must be pro#ed to mark document. Factum of

e2ecution of will is not sufficient in law unless due attestation of will

is pro#ed Documents required to be attested in law cannot be used

as e#idence unless attestation is pro#ed. *44 '$( C)C 1+0.

@enefit of doubt infa#our of accused. /tandard of proof Accused

cannot be e2pected to pro#e defense strictly when accused is able

to probabli:e his case? then "ra#e doubt is created in prosecution case

acquitted. $%%$ '&( C)C 44.

3o plea no e#idence 3o e#idence no plea. $%%$ '$( C)C 4,. J *44%

BL; '*( *$+ J *44$ BL; '*( *,,.

/ection , - Power of attorney should be notari:ed for admissible in

e#idence. AI *4%

All $1.


42/50

Bere production of account books is not sufficient to establish

transactions. $%%* '$( C)C +&0. '/ec.&1(.

Deliberate suppression of account books. )he defendant dischar"edburden under section **, of 3I Act. 4* II BL; *,&.

Account books to be pro#ed each item. Bere proof of the e2istence

of certain entries in books is not sufficient law requires proof not

only of account books but also of each item. 4+ '&( L! 00$. '/ec.&1(.

Account books to be pro#ed by party relies them. It is for the party

who puts forwards accounts to e2plain them in such a way - Bere

account books without more does not pro#e anythin". 4+ '*( L! *'/ec.&1(.

Bere production of account books not sufficient to char"e liability. 4$

'*( L! $0$.

Account books. Account books by themsel#es not sufficient to char"e

any person with liability '3e"otiable instrument pro note case(. *%%

L! +%$.

/ection +&. Court need not ha#e taken trouble of comparin" si"nature

if it is not

pleaded by parties. $%%* C)C '&( 1%,.

/ection & Court cannot compare thumb impression. $%%* C)C '&( $.

/ection 1+ H 0+. 8rdinary mode if pro#in" the documents is callin"

the person who e2ecuted the documents. 40 BL; +&% /C.

Bere proof of handwritin" would not pro#e contents. 4 II L! +1.

Barkin" of document will not pro#e the contents. 40 II L! 0&+.


43/50

Abstained witness ad#erse inference. If such a party abstains from

enterin" the witness bo2 if must "i#e rise to an inference ad#erse

a"ainst him. $%%* I L! *+,.

/ection 0& Copy of document procedure Party should pro#e thatcopy was made from ori"inal and compared with ori"inal to admit copy

as secondary e#idence. $%%* '*( C)C *$.

CIBI3AL P8CD> C8D

/ections *0 H *+1. Failure of mention name of witness in first

information report and inquest report as one who witnessed

occurrence - cards serious doubt in presence of witness at time of

occurrence. *44+ BL; 'Crl( 140.

/ection *$. Baintenance in arrears for one year alone can be claimed.

*44+ I L! 'Crl( $*&.

/ection &4+'&(. 5i"h court can in#oke urisdiction under /ection 1,$

in spite of bar under /ec. &4+ '&( in e2ceptional cases. *44+ BL; 'Crl(

+*%.

/ection $%$ -nquiry in /ection $%$ necessary 'reference for /ec.

*&, 3IA(. *44+ I L! 'Crl( 1**.

/ection $0. Complaint cannot be dismissed case ou"ht to ha#e been

passed o#er called after lunch before final orders passed. *44+ II

L! 'Crl( +1$. =.P./i#asubramaniam ;.

/ection $%&. In a re#ision filed a"ainst an order of dismissal under

/ection $%& Cr.P.C.? the sessionEs ud"e need not "i#e notice to the

accused. 'also see. *44+ $ L! 'Crl( ++&(. *4,& L! 'Crl( $*$.


44/50

/ection $%$. Accused not entitled for documents but for the copy of

complaint alone in '/ec.*&, 3IA( pri#ate complaint. *44, I L! 'Crl( *.

/ection $&4. /ection &,4 '*( H '&( sentence of imprisonment aloneto be suspended by 5i"h court but not both imprisonment and fine.

/ection$0- If the presence of complainant isnEt necessary the case

shall be adourned. *44, Crl.L.;. /C ,0.

Accused can ask for dischar"e. *440 II L! 04%.

ndorser not liable. *44* B!3 '$( $&+.

/ection *$0'$( . 2porter order can be passed. *44+ * L! 'Crl( '/3(.

/ection *$0'$(. 2-party order in Baintenance Case can be passed.

*44+ BL; 'Crl( &&$.

/ection *$. Buslim husband has to pay maintenance? and it is

immaterial that he can marry a"ain under person law. AI *4,+ /C

**%&.

/ection *$. 8#errides the personal law wife includes di#orced Buslim

woman who has not remarried. '/hah @ana @e"an case(. *4, /C 41.

/ection $0. Court cannot dismiss the complaint ust like. *4,, BL;

'Crl( *+% . *44, BL; 'Crl(. &&,.

/ection $%. Accusedpower a"entnot maintainable. Accused cannot

be allowed to appear throu"h power of attorney /ection $% permits

him to appear throu"h counsel personal appearance will be dispensed

with. AI *444 /C *&,.

/ection $1'$(. Applicable for summons casepri#ate complaint. *44*

/CC $*+. 4$ /C $$%0 and 4$ Crl.L.;. &+44.

/ection $1'$(. Can be filed in summons case. *44 I L! 'Crl( $++.


45/50

/ection $1'$(. 5i"h court is not entitled in settin" aside the order

of dischar"e. *44+ /CC 'Crl( **,1 '@(.

/ections 1%+? 1,$ and 1,&. )ransfer of cases.


46/50

/ection 1$%.IPC Default in payin" installments 1$% will not lie.

Accused enterin" into finance a"reement with complainant for

purchase of dental chairs and committin" default in repayment

complaint not makin" out fraudulent or dishonest intention quashed.

$%%* '*( C)C 0$1.

/ection 1+,. Limitation. >nder /ub-section $ share the offence for

which the accused is char"ed is punishable with fine only? the

prosecution must be lunched within 0 months from the date of

commission of the offence within one year imprisonment? limitation

is one year @etween * and & years imprisonment limitation & years

other imprisonments no limitation is prescribed. AI $%%% /C $4+.

/ection $$. 6uestionin" not necessary. In summons casequestionin" about sentence with accused not necessary. >s **&, 3IA.

$%%* '&( C)C $.

/ection 1$*'*(. Bode of attachment of property. Bode of reco#ery by

attachin" or sale of immo#able property >s 1$* '*( Cr.P.C.? by issuin"

distress warrant.

/ection 1,$ J /ection &+, I.P.C. 9ehicle can taken as per 5P terms.

Botor #ehicle purchased by complaint on 5P a"reement. As per 5P

terms owner empowered to re-possess #ehicle in case if default

#alid. $%%* '1( C)C *%$.

/ection &*& H $41. 3ot markin" documents as per law ille"al cannot

looked into. Documents marked without e2aminin" authors obected

by accused documents marked without consent of accused

procedure as per order by


47/50

/ection $1 Dischar"e pendin" is not a bar for quash. Petition >s

$1 dischar"e pendin" will not preclude the 5C from quashin" >s

/ection 1,$ Cr.P.C. $%%$ '$( C)C *%+.

/ection $%. Can be filed for *

st

appearance in *&, Cases. Ba"istratecan use his udicial discussion and dispense with personal appearance

of accused e#en in his first appearance and record plea of counsel

such discretion to be e2ercised in rate instances where due to

"eo"raphical distance or physical condition of accused or other "ood

reasons. $%%* '&( C)C 04, /C.

/ection &4*. Additional e#idence. Additional e#idence at the time of

appeal by complainant no fillin" up if lacuna allowed. $%$% '&( C)C

*0*.

/ection *$. Baintenance. !ife li#in" separately husband refers to

set up separate family wife entitled for maintenance. *44+ '*( C)C.

/ection *$. Paternity test not matter of course oral and

documentary e#idence enou"h. Proof of paternity maintenance

proceedin" is summary proceedin"s in nature hence paternity could be

pro#ed only by way of oral and documentary e#idence blood test is

not matter of course. *44+ '$( C)C +0&.

/ection $,. Petition to stop proceedin"s not maintainable in cheque

cases. *44+ '$( C)C $*,.

Partner or not in firm is matter for trial >s *&, case. *44+ '$( C)C

$4&.

/ection 4*. ;B cannot compel accused to produce documents >s 4*.

Power of ma"istrate to summon for production of thin" person

Inapplicability to accused persons Power >s 4* cannot be e2erciseda"ainst accused to produce any incriminatin" materials. *44+ '&( C)C

*40.


48/50

/ection $%1 H $1. /ection $%1 cannot be re#oked after e2amination

of witness be"ins. /ection $1 not maintainable in summons cases

applicable for warrant cases. $%%$ '1( C)C &&.

/ection $%% H $%*. ;udicial process should not be used as instrumentof oppression or needless harassment pri#ate complaint should not

be allowed to be use as means to wreck personal #en"eance or

#endetta. $%%& '*( C)C 10+.

/ection $%%. Pri#ate complaint when can be entertained. Pri#ate

complaint can be entertained only when complaint to police is either

refused to be re"istered or after entertainin" complaint police has

referred the case as mistake of law of fact or undetectable case or

case of ci#il nature Ba"istrate cannot usurp urisdiction of police byentertainin" pri#ate complainant at the first instance without prior

complaint to police. $%%& '$( C)C $+%.

/ection 1+&. /ection 1+& is not applicable for e2tension of time for

filin" for any other acts. $%%* '*( C)C +$.

/ection &**. Defects cannot be cured by markin" document in belated

sta"e. Prosecution cannot be allowed to fill up lacuna by filin" petition

>s &** and e2amine a witness in support therefore defects cannot

be cured by markin" of a document at a belated sta"e and e2aminin"

witness thereof. $%%% Crl.L.;. 0$1.

/ection &**. After closure of e#idence not allowed to fill up lacuna.

Application filed after closure of e#idence on the side of complainant

prosecution cannot be allowed to fill up lacuna as if caused

preudice to accused defects cannot be cured at belated sta"e.

$%%$ '$( C)C B!3 $$$.

/ection &**. Petition after ar"uments careless prosecution not

permitted. Petition filed after the e#idence was closed and after the

questionin" of the accused and ar"uments were addressed failure of

prosecution to conduct the case with not a "round to rectify such

latches. *44* L! 'Crl( 1$.


49/50

4*$$%%1

A#erments Complaint a"ainst partners firm A#erments in complaint

that accused at rele#ant point of time were in char"e and responsible

for the conduct of its business In absence of said requisite a#erment

complaint? offence a"ainst accused can not be made out Dischar"e of

accused proper- $%%1 Crl.L;.-1$14

etirement of partner from the firm petitioners ceased to be

partners of firm e#en before issuance of dis honoured cheques date

of dissolution not mentioned in reply notice - public notice ascontemplated us +$ %f Partnership Act not "i#en liable to as

partners mater for trial cant quash $%%1 Crl.L;- &%$ 38C.

Boney lender Complainant claimed to be a money lender but not

produced a license for the same 3o le"ally enforceable debt of

accused acquittal of accused proper. $%%1 Crl.L;-1%*4

Drawer of cheque alone liable Cheque issued by one of the directors

of company in which petitioner is mana"in" partner Company has to

pay some amount to complainant Petitioner is not liable for the

cheque not issued by him. $%%1 Crl.L;-1%+4

Account books not produced it cannot be said that factual basis for

raisin" presumption had been established complainant can be said

ha#e failed to dischar"e initial burden that there was le"ally

enforceable debt dismissal of complaint proper. $%%1 Crl.L; 1*%+

)rial court to decide the liability of a partner whether any or all

directors or partners were really in-char"e of and responsible for

conduct of business it is not duty of hi"h court to cause any

interference under any prete2t e#en if prima facie on complaint


50/50

anyone is made an accused bein" director or partner. 9=; Crl.L;

1&$0

etired director fact about resi"nation not known to complainant

proceedin"s cannot be quashed without "i#in" opportunity to him-matter remanded $%%1 Crl.L; 1&,4

Power of attorney filed complaint in name of and by payee firm and it

is in writin" complaint not si"ned by complainant eli"ibility criteria

satisfied firm could authori:e any person to act for and on behalf of

firm complaint filed by P8A is proper and tenable no ille"ality in

takin" co"ni:ance of offence $%%$ Crl.L; $0* AP not "ood law in

#iew of AI $%%$ /C *,$ J $%%$ Crl.L; $00 $%%1 Crl.L; 1**4