Holidays acceptable – Company not necessary M.D. enough - Plea that presentation of cheque about 6 months 2 days after its issue and complaint not sustainable – rejected. Intervening of period of public holidays on the day of expiry of cheque to be excluded Under section 25 – company functions through human agency. Hence, M.D., in individual capacity cannot escape from his liability – complaint maintainable. 1998 II LW (Crl) 6111.
Re-agreement – compensation – There was an agreement between parties hence section not attracted – plea rejected – time imposed and compensation to complainant granted. 1998 II LW (Crl) 621.
Good used/plea goods not good – stop payment – Acquittal of accused that communication to stop payment – acquittal set aside. – Having consumed almost entire materials, the stop payment instruction to bank, can under no stretch of imagination protect the respondent from liability U/S 138. 1998 II LW (Crl) 637.
Security – 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 – rejected. 1998 II LW (Crl) 640.
Section 245 Cr.P.C., not maintainable Under Section 138 N.I. case (finding) 1998 II LW (Crl) 640.
Deemed Notice – deemed notice can be constructed as receipt contemplated under Section 138. 1998 Crl.L.J. 3903. (Mad).
Abatement – Proceedings does not abate on death of payee – power agent is legal. 1998 Crl.L.J. 3870 (Mad).
Stop payment – Presumption under Section 139 in favour complainant – notice to stop payment would not preclude action U/S 138 by draw. 1998 Crl.L.J. (SC) 1397.
Silent partner – Complaint against person who is not responsible for conduct of business company – not maintainable. 1998 Crl.L.J.(Raj) 3525 D.
Jurisdiction – Acquittal on the basis of jurisdiction alone not proper. Complaint should be returned for presentation before proper court. 1998 Crl.L.J. (Ker). 2755 B.
Alternation – Incerstion of date can be presumed as inserted with implied consent of drawer – presumption not rebuttal – cheque not void. 1998 Crl.L.J. (Ker) 3228.
Section 20 – Suit on promissory note – signature admitted – pronote can be wholly or partly blank – dismissal not proper. 1998 Mad 23.
Limitation – Section 13 NIA – Notice served on 1 September – complaint filed on 16 September – complaint not prematured. 1998 Crl.L.J.559(A) Guj.
Endorsement - Endorsement not liable. 1991 MWN II 237.
10/01/2003 till this palmed
Civil suit cannot be stayed pending criminal prosecution – criminal cases can be stayed by civil court only rarely when compelling circumstances exist. 1996 II CTC 21. (SC).
Incorporation of recitals about chit transactions in promissory note is mandatory requirements – If any time fixed for payment than payment could be demanded only after that period. 1997 I CTC 284.
Section397-Revision-Neither second revision U/S 397 nor quashing petition can be maintained by unsuccessful person in revision before Sessions court. 1997 II CTC 567.
6 cheques – single complaint – valid. Dishonour of six cheques – single complaint –
maintainable. 1997 II CTC 567.
Power agent substituted maintainable – Company can be represented by person authorized afresh – Power agent can be substituted. 1997 II CTC 675.
Imprisonment alone to be suspended by High court but not both imprisonments and fine. 1998 L.W. (Crl) 239.
Holder in due course – Execution proved – legal presumption would arise that consideration was passed on at time of execution – claim that assignee was not holder in due course – No evidence – claim rejected. 1997 AIR Mad 1 (S.118 NT Act)
Notice unclaimed - has to be proved by complainant at the time of trial. 1993 I MWN 336 = 1998 SC 630.
Notice to firm enough – Complaint against the firm – Notice need not be sent each partner – to firm itself sufficient. 1998 Crl.L.J. 43 (B) AP.
Mere advance information not to present cheque without making arrangements for funds not valid. The notice must contain legal tenable reasons. Otherwise Section 138 NI Act will attract. 1998 Crl.L.J.10 (B) Guj.
Complaint against company – Allegation against directors not necessary. 1998 Crl.L.J. 10(C) Guj.
Charge against accused directors of company necessary in a complaint against company. 1998 I LW (Crl) 24.
Accused not entitled for documents but for copy of complaint alone 1998 I LW (Crl) 1. Karpagavinayam J.
Section 420 IPC can be clubbed. Section 420 Indian Penal Code can be clubbed with complaints filed Under Section 138 of NI Act. 1993 Crl.L.J. 2196.
Account closed – All cheque leaves should be returned otherwise closed Account is deemed to be alive. Clearly attracts Section 138 NI Act. 1996 Crl.L.J. 1816.
Presumption is that the cheque is issued to discharge debt – Accused has to prove contra. 1996 Crl.L.J. 681.
Date of issue immaterial. 1992 Crl.L.J. (P&H) 1044.
Enquiry Under Section 202 Cr.P.C. necessary. 1997 I LW (Crl) 411.
Manager of firm can file the complaint. 1997 I LW (Crl) 297 = 1992 3 Crimes 1094.
Jurisdiction to two courts – presented to one court in time is valid. 1997 MLJ (Crl) 288.
Legal notice given from branch office is also a place where cause of action arose. 1997 I LW (Crl) 205.
Power of attorney, payee or holder in due course can file the complaint. 1997 II LW (Crl) 637.
Enquiry is necessary before issuing process – detailed order should be made with reasoning. 1997 MLJ (Crl) 270.
Cheque returned – notice issued – case not filed within time – again same procedure is valid – continuing offence. 1997 MLJ (Crl) 525 (Kar) HC. Reversed 1998 CTC II SC 462.
Compounding cannot be done in 138 cases. 1996 Crl.L.J. 135 (Ker).
Money lender covered U/S 138 NI Act. 1996 I Crl.L.J. (AP) 636 (A).
Mens rea not necessary. 1996 I Crl.L.J. (AP) 636 (B).
Power agent can file a complaint. 1995 I Crl.L.J. 1102.
Company need not be added as party to the proceedings . 1995 I Crl.L.J. 1102 (followed AIR 1984 SC 1824 – Criminal case)
Averments against company not necessary. 1995 II Crl.L.J. 2306. Over ruled 98 LW (Crl) 24.
Accused can ask for discharge in Section 138 cases (finding Para 4). 1996 II LW (Crl) 690.
Consideration can be past, present or future promise to deliver goods in future is liable. 1996 Crl.L.J. (Guj) 3099 B (Para 10).
Signatures differ in acknowledgement card from cheque – plea rejected. 1996 Crl.L.J. (Guj) 3099 (B).
Entire body need not be written by drawer. 1996 Crl.L.J. (Guj) 3099 (C).
Proceedings against or for proprietor concern cannot be initiated. 1996 Crl.L.J. (Guj) 3099 (A).
Complaint can be filed at either place of issuance or dishonour. 1996 Crl.L.J. (Ker)
2395.
Burden of proof is on accused. 1996 Crl.L.J. (Mad) 3387. (A) (C).
Averments regarding jurisdiction not must. 1996 Crl.L.J. (Kar) 2264. (C).
Without signature of Advocate – notice is valid. 1996 Crl.L.J. (Kar) 2264 (A).
Notice to reasonably correct address is sufficient. 1996 Crl.L.J. (Ker) 1013.
Service of notice – deemed notice is sufficient. 1995 II MLJ 35 (SN).
Dismissed complaint cannot be taken back if reasons for absence not explained. 1996 I LW (Crl) 221.
Complainant absent hence dismissed. Can be taken back if the reasons explained (Against if reasons not stated). 1994 II L.W. (Crl) 761.
Burden of proof on the part of the accused. 1996 Crl.L.J. (Mad) 3387.
Burden of proof on the part of the accused. 1996 I LW (Crl) 320.
If notice given as not to present the cheque for collection before it’s presentation – Section 138 will not be attracted. 1996 I LW (Crl) 325. (SC). REVERSED 1998 SCC III 249 A.
Account closed can be taken for file. 1995 Crl.L.J. (Mad) 1882 (B).
Cause of action arose any number of times on the same cheque. 1995 Crl.L.J. (Kar) 1384.
Notice return as “Not found” – Notice not served hence demand not made, acquitted. 1995 2 LW (Crl). Arumugam J.
Discharge of accused – entitled for discharge on merits in 138 case – remanded. 1995 I LW (Crl) 277. Rangasamy J.
Limitation for representation – If the return is by time limit it deemed to be with in the custody of court. 1995 I LW (Crl) 300.
Plea of failure to mention date of dishonour in statutory notice is rejected. 1995 I LW (Crl) 264. Janarthanam J.
Without impleading company as accused – not maintainable. Section 319 Cr.P.C., for Impleading any other person as co accused will not have effect of curing the infirmity.. 1995 I LW (Crl) 132. Rangasamy J.
Cheque is not negotiable after being dishonoured, it cannot be endorsed again. 1989 I LW 401.
Refer to drawer – Insufficiency of funds, exceeded the arrangement – questions involved determination on evidence without having come on record it will not be appropriate for the petitions to invoke the inherent powers of quash. 92 MWN II 184.
Account closed can also be taken for file. 1994 LW (Crl) 663.
Account closed will not attract Sec. 138 of NI Act. 1991 LW (Crl) 576.Contra
Account closed etc., has to be proved at the time of trial cannot quash at this stage – AP High court. 1993 MWN (1) 251.
Power of attorney can file complaint U/s 138 NI Act. 1994 TNLJ 42.
Signature difference – Merely because of some part was written by somebody other than the signatory, the cheque could not be said invalid. AIR 1993 Kar 334.
Refer to drawer. Amounts to insufficient funds – Limitation falls on holiday – it can be filed next working day. 1994 LW (Crl) (1) 51.
There is nothing in the 138 that the payee alone can take action. Holder in due course also can take action. 1994 TNLK 30.
Any one or more or all partners with firm may be prosecuted . 1994 I LW (Crl) 262. Page 263 (6th Para end).
Absence of any averment about the power of attorney, he cannot file the complaints. 1994 I LW (Crl) 337.
Company should also be added as party. 1988 SC 1123.
Firm should be arrayed as part otherwise the Section 141 is not complied with. 1994 I LW (Crl) 135.
Post Anti date cheques are valid – Post dated cheques deemed to be drawn on the date it bears. 1994 TNLJ SC 8 = 11994 TNLJ SC 30.
Praying for issue of summons under 420 IPC in the course of 138 trial – rejected. 1994 LW (Crl) 55.
Dismissed for default – On the ground of absence of complainant, again cheque presented – again same procedures – complaint can be taken for fresh cause of action. 1994 LW (Crl) 53.
Power of attorney agent is virtually the payee himself or holder in due course. 1994 LW (Crl) 34.
Cheque can be presented any number of times within its validity – There is no infirmity in it. 1993 LW (Crl) 627.
“For the discharge in whole or in part of any debt” – Absence of such averment the complaint is ought to be quashed. 1993 LW (Crl) 600.
Acquittal Under Section 256 of Cr.P.C., - Valid, if no reason is assigned for the absence of the complainant – revision dismissed. 1992 (2) MWN .
Stop payment will not affect the case before it is proved that sufficient funds are in account. 1992 (2) MWN.
There 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. 1992 MLJ (Crl) 618.
Sole proprietary concern – impleading of the company is not necessary – plea that failure to implead the company as accused will vitiate the prosecution, rejected. 1993 LW (Crl) 273.
Cheque presented to bank for collection on various dates and returned as “insufficient funds” – plea that 142 contemplates only a single cause of action – rejected. 1993 LW (Crl) 270.
Expiry of 45 days time – Bar of limitation where the complaint is filed after expiry of 45 days from the date of return of the notice. 1993 LW (Crl) 105.
Refer to drawer – This and other contentions involved on evidence to be adduced and the matter cannot be decided on a petition to quash the proceedings. 1992 LW (Crl) 536.
Payment stopped – Duty of the complainant to include necessary averments as would disclose an offence on a reading of the complaint – failure to make the same – proceedings liable to be quashed. 1992 LW (Crl) 367.
Payment stopped – Allegations that the accused did not have sufficient funds will bring the complaint under Section 138. The allegations have to be proved only at the time of trial and proceedings cannot be quashed at this stage. 1992 LW (Crl) 307.
Evasive of notice – The deliberate evasion of receipt of registered notice would be a constructive service. 1991 LW (Crl) 576.
Proceedings in 1st occasion of dishonour, if not taken it is not a bar of limitation of the same subsequently. 1991 LW (Crl) 481.
Notice in writing is need not necessarily be only by a registered post and it can be as well as by telegram or by a letter. 1991 LW (Crl) 468.
Proprietor concern – Proprietor himself is enough for prosecution – His concern need not be added as party. 1991 LW (Crl) 347.
Company should be added – Unless the company is made an accused the M.D. and others cannot be made as accused. 1991 LW (Crl) 513.
Suit based on a promissory note instituted by a nationalized bank claming interest at the rates higher than the rate mentioned in promissory note – Interest of higher rate. Held can be allowed, only when it is agreed to by the debtor – Directives of Reserve bank to the nationalized bank not relevant. 1990 I LW. 1. Syndicate Bank, Pollachi Vs. Muthaiyan and another.
Imperfect notice – cheque amount not mentioned in notice - Notice was for loan amount – Not for cheque amount – Loan amount and cheque amount is different – demand for amount covered by bounced cheque is absent in notice - demanding other than cheque amount will not make the notice invalid – but demand for cheque amount should be made clearly. 2003 (4) CTC 252 (SC)..
Claming more than cheque amount in notice – not invalid – Claiming Rs.300/- i.e., cost of notice other than cheque amount will not be ground for quashing the complaint. 2003 (4) CTC 76.
Discharge maintainable in 138 cases – It is true that discharge does not arise in a summons case. But even if the petitioner prays for discharge in such cases we cannot give a restrictive meaning to the word discharge, instead we can interpret if as dropping the proceedings against them. (As charges could not be framed in summons cases, the question discharge does not arise). 2003 Crl.L.J. 4373.
Cheque limitation – Calendar month definition – date of cheque cannot be excluded. 98
Crl.L.J. 4330.
Initial defects in complaint cannot be amended. 2000 (1) Crimes 113 = 83 SC 67.
Accused managing director did not let in evidence – rebuttal let in evidence – not rebutted. 2003 (4) CTC 628.
Stop payment – Mere stop payment will not absolve the offence. 2003 (4) CTC 628.
Relationship – Relationship between parties in irrelevant. 2003 (4) CTC 628. (Contra to) Notice to not to present cheque for collection – Section 138 will not attract. (1992 (2) SCC 739 (Para 22) – Negatived.
Period of offence – The transaction took place in 1993 – Section 138 as stood at that time would be applicable to present case. 2003 (4) CTC 628.
Sentence – Sentence – double cheque amount to be payable within one month in default 6 months simple imprisonment. 2003 (4) CTC 628.
EVIDENCE ACT
Will - Attestation must be proved – to mark document. Factum of execution of will is not sufficient in law unless due attestation of will is proved – Documents required to be attested in law cannot be used as evidence unless attestation is proved. 1995 (2) CTC 476.
Benefit of doubt – infavour of accused. Standard of proof – Accused cannot be expected to prove defense strictly – when accused is able to probablize his case, then grave doubt is created in prosecution case – acquitted. 2002 (3) CTC 99.
No plea no evidence – No evidence no plea. 2002 (2) CTC 598. = 1990 MLJ (1) 127 = 1992 MLJ (1) 188.
Section 85 - Power of attorney should be notarized for admissible in evidence. AIR 1950
All 524.
Mere production of account books – is not sufficient to establish transactions. 2001 (2) CTC 736. (Sec.34).
Deliberate suppression of account books. The defendant discharged burden under section 118 of NI Act. 91 II MLJ 183.
Account books to be proved each item. Mere proof of the existence of certain entries in books is not sufficient – law requires proof not only of account books but also of each item. 97 (3) LW 662. (Sec.34).
Account books to be proved by party relies them. It is for the party who puts forwards accounts to explain them in such a way - Mere account books without more does not prove anything. 97 (1) LW 1 (Sec.34).
Mere production of account books not sufficient to charge liability. 92 (1) LW 262.
Account books. Account books by themselves not sufficient to charge any person with liability (Negotiable instrument – pro note case). 100 LW 702.
Section 73. Court need not have taken trouble of comparing signature – if it is not
pleaded by parties. 2001 CTC (3) 408.
Section 3 – Court cannot compare thumb impression. 2001 CTC (3) 52.
Section 47 & 67. Ordinary mode if proving the documents is calling the person who executed the documents. 96 MLJ 730 SC.
Mere proof of handwriting would not prove contents. 95 II LW 74.
Marking of document will not prove the contents. 96 II LW 637.
Abstained witness adverse inference. If such a party abstains from entering the witness box if must give rise to an inference adverse against him. 2001 I LW 178.
Section 63 – Copy of document procedure – Party should prove that copy was made from original and compared with original to admit copy as secondary evidence. 2001 (1) CTC 12.
CRIMINAL PROCEDURE CODE
Sections 156 & 174. 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. 1997 MLJ (Crl) 496.
Section 125. Maintenance in arrears for one year alone can be claimed. 1997 I LW (Crl) 213.
Section 397(3). High court can invoke jurisdiction under Section 482 in spite of bar under Sec. 397 (3) in exceptional cases. 1997 MLJ (Crl) 710.
Section 202 -Enquiry in Section 202 necessary (reference for Sec. 138 NIA). 1997 I LW (Crl) 411.
Section 256. Complaint cannot be dismissed – case ought to have been passed over – called after lunch before final orders passed. 1997 II LW (Crl) 742. K.P.Sivasubramaniam J.
Section 203. In a revision filed against an order of dismissal under Section 203 Cr.P.C., the session’s judge need not give notice to the accused. (also see. 1997 2 LW (Crl) 773). 1983 LW (Crl) 212.
Section 202. Accused not entitled for documents but for the copy of complaint alone in (Sec.138 NIA) private complaint. 1998 I LW (Crl) 1.
Section 239. Section 389 (1) & (3) – sentence of imprisonment alone to be suspended by High court but not both imprisonment and fine.
Section256- If the presence of complainant isn’t necessary the case shall be adjourned. 1998 Crl.L.J. SC 856.
Accused can ask for discharge. 1996 II LW 690.
Endorser not liable. 1991 MWN (2) 237.
Section 126(2) . Exporter order can be passed. 1997 1 LW (Crl) (SN).
Section 126(2). Ex-party order in Maintenance Case can be passed. 1997 MLJ (Crl) 332.
Section 125. Muslim husband has to pay maintenance, and it is immaterial that he can marry again under person law. AIR 1987 SC 1103.
Section 125. Overrides the personal law wife includes divorced Muslim woman who has not remarried. (Shah Bana Began case). 1985 SC 945.
Section 256. Court cannot dismiss the complaint just like. 1988 MLJ (Crl) 170 . 1998 MLJ (Crl). 338.
Section 205. Accused/power agent/not maintainable. Accused cannot be allowed to appear through power of attorney – Section 205 permits him to appear through counsel – personal appearance will be dispensed with. AIR 1999 SC 1385.
Section 245(2). Applicable for summons case/private complaint. 1991 SCC 217. 92 SC 2206 and 92 Crl.L.J. 3799.
Section 245(2). Can be filed in summons case. 1995 I LW (Crl) 277.
Section 245(2). High court is not entitled in setting aside the order of discharge. 1997 SCC (Crl) 1184 (B).
Sections 407, 482 and 483. Transfer of cases. Grounds for transfer – person arrayed has reasonable cause to apprehend that court is not from bias . b) Magistrate is functioning as month piece of PP and in judicial manner. c). Procedure adopted by JM illegal, d). JM is biased towards PP. e). JM makes observation creating bear of fair trial, f). failure to adjourn case in interest of justice. 1999 (2) CTC 418.
Section 91 - Send for – Plea rejected. This court has already cautioned against undertaking a roving enquiry into the pros and cons of the case by weighing the evidence or collecting materials as if during the course or after trial vide. (79(3) SCC 4). 2000 (3) CTC 55 SC.
Section 125. Wife employed – valid for maintenance. Meaning of living. Even it the wife is employed she can claim for maintenance. 2000 I MWN 13. 97 II LW (Crl) 572.
Section 204. Certified copy of complaint – Accused entitled. Right of accused to obtain private complaint copies of complaint on receipt of summons but before his appearance in court – accused is entititled to. 2001 (1) CTC 24.
Section 125. One month or on payment – respondent shall be released. Magistrate cannot impose sentence continuously on respondent in custody one month or payment time which ever is sooner can be released. The petitioner has to come again for the same remedy if payment not made. 99 Crl.L.J. 5060 SC.
Section 73. Case can be spited. If the NBW is not possible to execute on the other accused, the appearing accused can ask for split of the case. The prosecution need not file any application for that. 99 Crl.L.J. 763.
Section 420.IPC Default in paying installments – 420 will not lie. Accused entering into finance agreement with complainant for purchase of dental chairs and committing default in repayment – complaint not making out fraudulent or dishonest intention – quashed. 2001 (1) CTC 624.
Section 478. Limitation. Under Sub-section 2 share the offence for which the accused is charged is punishable with fine only, the prosecution must be lunched within 6 months from the date of commission of the offence – within one year imprisonment, limitation is one year – Between 1 and 3 years imprisonment limitation 3 years – other imprisonments no limitation is prescribed. AIR 2000 SC 297.
Section 252. Questioning – not necessary. In summons case questioning about sentence with accused not necessary. U/s 1138 NIA. 2001 (3) CTC 25.
Section 421(1). Mode of attachment of property. Mode of recovery by attaching or sale of immovable property U/s 421 (1) Cr.P.C., by issuing distress warrant.
Section 482 = Section 378 I.P.C. Vehicle can taken as per HP terms. Motor vehicle purchased by complaint on HP agreement. As per HP terms owner empowered to re-possess vehicle in case if default – valid. 2001 (4) CTC 102.
Section 313 & 294. Not marking documents as per law – illegal cannot looked into. Documents marked without examining authors – objected by accused – documents marked without consent of accused – procedure as per order by Govt vide G.O.Ms – No.258 (Courts) dt. 08-02-1993. Not marking documents in such fashion illegal – court cannot look in to documents as contents not proved. 2001 (4) CTC 594.
Section 482. Criminal proceeding against family members invalid. Before issue process criminal court has to exercise great deal of caution – It is serious matter as far as accused is concerned – when complainant lodges complaint. 2000 (2) CTC 107.
Section 245 – Discharge pending is not a bar for quash. Petition U/s 245 discharge pending will not preclude the HC from quashing U/s Section 482 Cr.P.C. 2002 (2) CTC 107.
Section 205. Can be filed for 1st appearance in 138 Cases. Magistrate can use his judicial discussion and dispense with personal appearance of accused even in his first appearance and record plea of counsel – such discretion to be exercised in rate instances where due to geographical distance or physical condition of accused or other good reasons. 2001 (3) CTC 698 SC.
Section 391. Additional evidence. Additional evidence at the time of appeal – by complainant – no filling up if lacuna – allowed. 2020 (3) CTC 161.
Section 125. Maintenance. Wife living separately – husband refers to set up separate family – wife entitled for maintenance. 1997 (1) CTC.
Section 125. Paternity test – not matter of course – oral and documentary evidence enough. Proof of paternity – maintenance proceeding is summary proceedings in nature hence paternity could be proved only by way of oral and documentary evidence – blood test is not matter of course. 1997 (2) CTC 763.
Section 258. Petition to stop proceedings – not maintainable in cheque cases. 1997 (2) CTC 218.
Partner or not in firm is matter for trial – U/s 138 case. 1997 (2) CTC 293.
Section 91. JM cannot compel accused to produce documents U/s 91. Power of magistrate to summon for production of thing person – Inapplicability to accused persons – Power U/s 91 cannot be exercised against accused to produce any incriminating materials. 1997 (3) CTC 196.
Section 204 & 245. Section 204 cannot be revoked after examination of witness begins. Section 245 not maintainable in summons cases – applicable for warrant cases. 2002 (4) CTC 335.
Section 200 & 201. Judicial process should not be used as instrument of oppression or needless harassment – private complaint should not be allowed to be use as means to wreck personal vengeance or vendetta. 2003 (1) CTC 467.
Section 200. Private complaint – when can be entertained. Private complaint can be entertained only when complaint to police is either refused to be registered or after entertaining complaint police has referred the case as mistake of law of fact or undetectable case or case of civil nature – Magistrate cannot usurp jurisdiction of police by entertaining private complainant at the first instance without prior complaint to police. 2003 (2) CTC 270.
Section 473. Section 473 is not applicable for extension of time for filing for any other acts. 2001 (1) CTC 725.
Section 311. Defects cannot be cured by marking document in belated stage. Prosecution cannot be allowed to fill up lacuna by filing petition U/s 311 and examine a witness in support therefore – defects cannot be cured by marking of a document at a belated stage and examining witness thereof. 2000 Crl.L.J. 624.
Section 311. After closure of evidence – not allowed to fill up lacuna. Application filed after closure of evidence on the side of complainant – prosecution cannot be allowed to fill up lacuna – as if caused prejudice to accused – defects cannot be cured at belated stage. 2002 (2) CTC MWN 222.
Section 311. Petition after arguments – careless prosecution – not permitted. Petition filed after the evidence was closed and after the questioning of the accused and arguments were addressed – failure of prosecution to conduct the case with not a ground to rectify such latches. 1991 LW (Crl) 42.
9/12/2004
Averments – Complaint against partners firm – Averments in complaint that accused at relevant point of time were in charge and responsible for the conduct of its business –In absence of said requisite averment complaint, offence against accused can not be made out – Discharge of accused proper- 2004 Crl.LJ.-4249
Retirement of partner from the firm – petitioners ceased to be partners of firm even before issuance of dis honoured cheques – date of dissolution not mentioned in reply notice - public notice as contemplated u/s 72 0f Partnership Act not given – liable to as partners – mater for trial – cant quash – 2004 Crl.LJ- 302 NOC.
Money lender – Complainant claimed to be a money lender but not produced a license for the same – No legally enforceable debt of accused – acquittal of accused proper. 2004 Crl.LJ-4019
Drawer of cheque alone liable – Cheque issued by one of the directors of company in which petitioner is managing partner – Company has to pay some amount to complainant – Petitioner is not liable for the cheque not issued by him. 2004 Crl.LJ-4079
Account books not produced – it cannot be said that factual basis for raising presumption had been established – complainant can be said have failed to discharge initial burden that there was legally enforceable debt – dismissal of complaint proper. 2004 Crl.LJ 4107
Trial court to decide the liability of a partner – whether any or all directors or partners were really in-charge of and responsible for conduct of business – it is not duty of high court to cause any interference under any pretext even if prima facie on complaint anyone is made an accused being director or partner. VKJ – Crl.LJ – 4326
Retired director – fact about resignation not known to complainant – proceedings cannot be quashed without giving opportunity to him- matter remanded – 2004 Crl.LJ – 4389
Power of attorney filed complaint in name of and by payee firm and it is in writing – complaint not signed by complainant – eligibility criteria satisfied – firm could authorize any person to act for and on behalf of firm – complaint filed by POA is proper and tenable – no illegality in taking cognizance of offence – 2002 Crl.LJ 261 AP not good law in view of AIR 2002 SC 182 = 2002 Crl.LJ 266 – 2004 Crl
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