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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 ob-ect 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 re-ection 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 the
company 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
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.
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 <u-.
Petitioner failed to produce any document to so that she is not
direction of company cannot quash. $%%$ Crl.L.;. &&$% AP.
All the directors need not be arrayed as accused unless specific
alle"ation a"ainst them. $%%$ Crl.L.;. &$4* =er.
/i"nature differs accused admitted accused admitted his liability
>nder /ection&*& statement no reply to notice also - but the
si"nature a#ailable in cheque not that of accused no proof of
issuance of cheque accused cannot be con#icted. $%%$ Crl.L.;. &$..
=er.
3otice issued after *. days of return is ille"al delay cannot be
condoned by /ec? 1+& Cr.P.C or /ec. . of Limitation Act. $%%$ Crl.L.;.
&$*4. Del.
Cheque issued in fa#our of A* to A& by A1 and A. A* to A&
discounted the cheques with complaint bank no le"ally enforceable
debt between complaint and accused complaint under /ection *&,
3IA not #alid. $%%$ Crl.L.;.&*44& AP.
3otice- letter written by complainant can be construed as notice
under /ection *&, 3IA.-Complaint can be filed on *0
th
day $%%$
Crl.L.;. &%%*. @om.
All the directors need not be added as party. $%%$ Crl.L.;. $+0% Del.
Absence of mens rea should be pro#ed by accused. $%%$ Crl.L.;.$+&*
@.
3otice need not be sent throu"h re"istered post noticeAletter 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 in
complaint 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 Cs.$%? %%%A- 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 $*,,.
/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 sentence
included fine as form part. $%%$ '&( C)C +%& /C.

<uarantor liable e2pressions Dany chequeE Fother liabilityG occurrin"


in /ection *&, indicate le"islati#e intend that cheque issued by
"uarantor in dischar"e of debt owed by principle debtor "uarantor
cannot escape criminal liability. $%%$ '&( C)C .+$ /C.
Cemission not applicable to 3IA with re"ard to offences committed
under central enactment '3I Act(? central <o#ernment is appropriate
"o#ernment to "rant remission remission "ranted under state
"o#ernment order would not apply to offence under /ection *&, 3IA.
$%%$ '&( C)C 0*0.
@urden of proof on defendant if admits si"nature >nder /ection
$% the holder in due course is entitled to fill up the blank pronote no
plea no e#idence can be let in defendant admitted his si"nature
hence burden of proof on him. $%%$ '&( C)C .4,.
Dishonour cheque cannot be endorsed - cheque losses its ne"otiability
after it is dishonoured on bein" presented for payment - cheque in
fa#our of C C endorsed in fa#our of P P presented for collection
returned P returned cheque to C C filed complaint complaint not
maintainable. 'A"ainst $%%$ '1( C)C &$&(. $%%$ '&( C)C 1+1.
Absence of necessary a#erments in complaint directors dischar"ed
mere alle"ation that directors are responsible for failure to make
payment of cheque amount is not sufficient for pro#in" offence >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.?
- FIC quashed. *444 ',( /CC 10,.
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. '/C( +&4 - $%%$
Crl.L.;. '38C( *.0 Ca-.
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 Cs..? %%%A- each two bar
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 .&%.
Inhancement #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 not
applicable 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 re-ected 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; *,&.
/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 in
default 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 ob-ect of le"islation no drawer
of cheques can be allowed to take dishonour of cheques li"ht
heartedly. 'Ce#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 Ce"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.
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-%,-*440
with 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 <a:ette notified retirement #alid dischar"e
petition allowed dishonoured of cheque complaint filed a"ainst
person who had retired from partnership retirement notified in
"a:ette w.e.f. *&-%4-*44, cheque dated &*-*$-*44, trail court
dismissed the dischar"e petition 5i"h Court set aside order of trail
court and dischar"ed petitioner as his retirement as notified in
"a:ette did not required any further proof it is not necessary for
petitioner to face trial. $%%* '1( C)C &44.
Drawer of cheque alone liable e#en it is true that the cheque was
issued by the first accused towards the dischar"e of the liability of
the petitionerAsecond accused company. /till the $
nd
accused company
cannot be prosecuted as it is not the drawer 5ence the proceedin"s
a"ainst the petitionerA$
nd
accused which not the drawer is quashed.
$%%* '1( C)C $+,.
Fine of Cs.0.? %%%A- by ;B confirmed by /C after the trial ;B II?
=umbakonam con#icted the accused >A/ *&, and directed payment a
fine of Cs.0.? %%%A- in default simple imprisonment for one year - the
accused "ranted one month time to pay the fine directed by the /C.
$%%* '1( C)C &,$ /C.
8nus of proof on accused >A/ **, 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
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 FAG does not
reflect name of re#ision petitioner as partner at rele#ant point of
time 5i"h court dischar"ed petitioner relyin" on entry in form FAG as
it is public document and ;udicial notice can be taken. )he petitioner
filed an application for dischar"e from the case. It was re-ected 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 $+,.
F5olderG 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.
DrawerADrawee /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 >A/ *&, 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
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 >A/ 1$% IPC 'if not >A/ *&, 3IA( -
Ba"istrate refusin" to take co"ni:ance of offence >A/ *&, 5C on
re#ision up holdin" order of Ba"istrate but remandin" matter to
consider >A/ 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 AA C return as Fsi"nature required from another directorG
*&, lies. Cheque returned as Daccount operation -ointly. Another
director si"nature requiredE Amounts to dishonour. $%%*
Crl.L.;.$$4+ 'A( @om.
Iarlier cheque for bill discountin" not #alid for subsequent 5P
transaction @lank cheques issued for Fbill 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
'@(.
Ce"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.
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 >A/ *&, Cheque returned as FpayeeEs
#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 re-ected. Complaint
cannot be quashed merely because complaint does not contain
a#erment re"ardin" insufficiency of funds. $%%* '&( C)C 1%&.
*
st
notice not >A/ *&, 'b( $
nd
notice #alid 3o cause of action for $
nd
notice. @ut if notice >A/ *&,'b( issued after *. days no cause of
action for that notice. $
nd
notice #alid. 8nce notice as contemplated
>A/ *&, '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 $1& /C.
/pecial Kcourt -urisdiction for /ec.*&,. /pecial court shall ha#e
-urisdiction to try offence >A/ *&, if it relates to transactions in
securities durin" %*-%1-*44* and %0-%0-*44$ irrespecti#e of date if
commission of defense. $%%* '&( C)C $1& /C.
/ection *&4 Presumption by law presumptions >A/ *&, and *&4
makes if obli"atory on part of court to raise such presumptions where
factual 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/ *&,'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 without
considerin" 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
>A/ $.$ of Cr.P.C with accused not necessary in summons case. $%%*
'&( C)C $..
Corrected date #alid 0 months from correction. /i2 months period
contemplated >A/ *&, 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 $$..
<i#e se#ere punishment )he -udicial ma"istrate are directed to keep
in mind the ob-ect of pro#idin" strin"ent punishment and the "uide
lines "i#en by the Ape2 court in case $%%* '*( C)C &0,? which
awardin" sentence on the accused who is found "uilty of an offence
>A/ *&,. 'Findin" para *$( $%%* '$( C)C .4..
5C can alter nature of sentence )his court can only alter the nature
or the e2tent of sentence of alter the nature and the e2tent of
sentence but a fresh compensation cannot be awarded 'para *%
findin"( $%%* '$( C)C .4..
3otice under instructions from power a"ent #alid notice. $%%*
Crl.L.;. $*...
3otice demands cheque amount? cost? etc.? not in#alid. $%%% Crl.L.;.
*&4*.
9icarious liability 8ther directors not liable must prima facie
disclose acts by other directors. Complaint must prima facie disclose
acts committed by Directors from which reasonable inference can be
drawn re"ardin" #icarious liability. $%%* '$( C)C &1+.
@efore trail can be dischar"ed on perusal of public document. Court
is within its power to consider e#en materials which accused may
produce e#en before commencement of trial to decide whether
accused is to be dischar"ed public document can be looked in to
form &$ is such a document. $%%* '$( C)C +, J $%%$ '*( C)C $$+.
/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 $$+.
Cetired director not liable. Form &$ re#eals that $
nd
petitioner did not
function as director either on ate of cheque or when cause of action
arose for non-payment quashed. $%%* '$( C)C +, J $%%$ '*( C)C
$$+.
@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.
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 directors
not 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 >A/
*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 >A/ *&,. $%%* '*( C)C +$..
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 >A/ *1$'b( applies for Fmakin" complaintG and not for
Ftakin" co"ni:ance. $%%* '*( C)C +$..
/ecurity plea re-ected. /i"nature admitted presumption can be
rebutted cheque issued for security unacceptable. $%%* '*( C)C
0+*.
Criminal case >A/ *&, 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 >A/ *&,. $%%* '*( 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. $%%% Crl.L.;. **.$ <u-.
3otice to correct address return as Fout of stationG #alid ser#ice.
3otice sent to correct address returned as Fout 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 ob-ects intended to be achie#ed but such law
such interpretation is necessary e#en it de#iates from "eneral law.
$%%* '*( C)C .&,.
Ceply as Drecei#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 .&,.
<i#in" notice will not make an offence but receipt of notice must.
<i#in" of notice by payee does not make an offence and DreceiptE of
notice by drawer alone "i#es of action. $%%* '*( C)C .&,.
A#erments a"ainst other directors must. Lack of a#erments as to
other directors participation in day today affairs of company
complainant must specifically alle"e that such person was in fact in
char"e and responsible for affairs of company. $%%* '*( C)C 1$..
Condition to pay cheque amount while suspendin" sentence #alid.
)here is nothin" un-ust or unconscionable in imposin" such condition
while suspendin" sentence for offence >A/ *&, portion of fine
should at least be directed to be remitted in court if fine is hea#y
while prayin" for suspension.
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" sub-ect matter
prosecution is maintainable. $%%* '*( C)C *+% /C.
---------------------------------------------------
$4A%.A$%%&-------------------------------------------
Intire 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 FleftG comes under /ec. *&, @. $%%$
B!3 AP .*A4,.
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 FPAG 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. $%%% '&( C)C
0,%.
Fine e2ceeds Cs..? %%%A- ille"alAsecurity of immo#able property can
be considered. Ba"istrate imposin" sentence of 0 months and fine of
Cs.*$.,$ 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 $%+.
Cecall fillin" up lacuna not #alid. Petition >A/ &** 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 re-ected. *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 complaintAfatal. )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 L
)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
complaint? the complaint itself is not maintainable quashed. *444 '&(
C)C *01 /C.
8ral power enou"h. It was held in AIC 9s? Camachandran 'AIC *40*
@om $4$( that Dorder 0? rule *1 - si"ned by any person duly Authorised
by 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 >A/ 1$% Crl. Proceedin"s
not a short cut. Family members of accusedAdrawer of cheque Crl.
Proceedin"s a"ainst them >A/ 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.
3o bar on sick companies. It commission of office >A/ *&, 3IA was
completed before commencement of proceedin"s >A/ $$'*( of /ick
Industrial Companies Act $4,. there is no prohibition in maintainin"
prosecution >A/ *1$ of the 3I Act. $%%% '$( C)C .1, /C.
Alle"ation not necessary a"ainst partners. I2press alle"ation need not
be required to be made a"ainst such partner who acti#e in day today
affairs. 4, Crl.L.;. *% M <u-.
Process recalled. /ufficient material to proceed a"ainst accused
recallin" process not proper. 4, Crl.L.;. *0,% 'A( =ar.
Capacity of lendin". Complainant failed to pro#e capacity of lendin"
hu"e amount accused not liable to be punished. 4, Crl.L.;. *0,% 'A(
=ar.
Bakin" part payment after filin" complaint accused cannot be
acquitted. 4, Crl.L.;. ,,*.
I2amine post man plea re-ected. Plea to e2amine postman in later
sta"e plea re-ected. 4, Crl.L.;. &0+*.
Defect in structure cheque not attract /ec. *&,. /tructural defect in
cheque cheque returned as not computeri:ed to honour the same
/ec. *&, will not attract. 4, Crl.L.;. 1+.% @om.
Amount in account left for particular cheque should be pro#ed. >nless
it is shown that such payment was made towards the amount payable
under cheque proceedin"s cannot be quashed. 4, Crl.L.;. &.$. 'A(
Ca-.
/ec. $ of Power of attorney act. Power a"ent can act as donor. )he
section declares that e#ery thin" done by donee is as done by donor.
4, Crl.L.;. &,+% <u-.
Consideration pastAfuture #alid. A consideration can be past? present
or future and therefore? promise to deli#er "oods in future can be
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 claimedAdeemed 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. Ce"istration is required for
ci#il ri"hts only. *444 BL; 'Crl( +$+ =ar. 'Contra *444 '$( C)C .1%.
>nre"istered firm cannot file suit.(
Inhancement 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
Complaint a"ainst company quashed. Cheque issued by $
nd
accused in
indi#idual capacity for company. $
nd
accused 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 >A/ *&,. $%%% '*( C)C &%$.
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 DpowerE to accept the complaint.
Complaint can not be returned for curin" defects etc..?
All documents not necessarily are filedAmere complaint is enou"hN
3umber should be "i#en #ia separate re"ister? while filin".
Limitation applies for filin" onlyAnot 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.
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 by
dispatchin" 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. I#adin" ser#ice of notice is deemed
ser#ed. *444 '&( C)C &., /C.
FineA/entence. Ba"istrate cannot impose fine e2ceedin"
Cs..%%%A-Asentence 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. &(. Ceturnin" of cheque unpaid by ban. 1( <i#in" notice
in writin" to drawer of cheque demandin" payment. .( Failure of
drawer to make payment within *. days of receipt of notice fi#e
difference acts were done in fine difference localities - complainant
can choose any one of courts e2ercisin" -urisdiction of any one local
area within territorial limit of which any of those . acts done. *444
'&( C)C &., /C.
3o e#idence that accused had char"ed his residence or that he had
not recei#ed notice beyond his control plea re-ected. *44, '$(
Crimes *4* =ar.
3otice not claimed without proof of chan"e of address. *44, '$(
Crimes *4* =ar.
3otice recei#ed by some other not #alid. 3otice recei#ed by some
one else other than proprietorship concern - in#alid. *444 L! 'Crl( I
&4..
!ithout proprietor not #alid. Prosecution a"ainst proprietorship
concern without impleadin" proprietor in#alid. *444 L! 'Crl( I &4..
@elated petition >A/ 4* Cr.P.C. #alid. Petition filed >A/ 4* Cr.P.C. to
pro#e his case and for rebuttal of the presumption >A/ *&, of 3IA
petition filed durin" e2amination >A/ &*& Cr.P.C. Ci"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&.
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. I2cept for bald a#erment there was no
e#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 Ca-. '8#erruled $%%% Crl.L.;. $.+$
;H=(.
;B can fine more than Cs..%%%A-. ;B can impose more than Cs..?
%%%A- in #iew of the /ec. *1$ of 3I Act. 'Dissented by Caman ;.(
*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 >A/ *&,. *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.
'$(. Ceturn 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(
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"e
closed maintainable. *444 Crl.L.;. 414 '@( Ca-.
;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 >A/ *&, is not made
out. >nless it is shown that such payment was made towards the
amount payable under cheque. *44, Crl.L.;.&.$. 'A( Ca-.
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(.
Ceco#ery. Proper course should be filin" a ci#il suit before ci#il court
to reco#er money. *444 Crl.L.;. $*&0 Ca-.
Abuse of process. /uppressin" facts of pendin" re#ision? filin" quash
petition >A/ 1,$ Abuse of process of law. *444 Crl.L.;. $%*% Bad.
Contempt. Filin" petition to stallAstay -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 if
the complainant approaches the court after *. days? the complaint is
maintainable. *444 Crl.L.;. $%*% Bad.
3otice in writin"Afa2. 3otice throu"h re"istered post as well as fa2.
Fa2 reached the same day cause of action starts runnin" complaint
filed after *. days of receipt of re"istered post not maintainable
should ha#e filed within &% days of receipt of fa2 notice. *444 '$( C)C
&.1 /C.
Payment stoppedAAccount closed. Dishonourin" cheque on "round that
account was closed is consequence of act of drawer brin"in" his
account to D3il 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,+.
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. $.0 Cr.P.C. Dismissal not warranted. 3on appearance of
complainant acquittal hurriedly no reasons stated in the order
disposal oriental orders condemned orders set aside. *444 '*( C)C
&+*.
Cheque as security in#alid. Cheque issued as security for ad#ance
amount 3o liability subsistin" on date of e2ecution of cheque
prosecution >A/ *&, will not maintainable. *444 '*( C)C 0.
>nre"istered firm. Complainant cannot be compelled to implead an
accused that is unre"istered firm. *44, '$( 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 $
nd
time 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, '$( C)C &+$.
Ceturn memo Limitation. Ceturn 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, '$( C)C *0..
Le"al heir #alid. Death of complainant will not terminate proceedin"s
>A/ *&, 3I Act. ComplainantEs presence not necessary le"al heirs
can be impleaded. *44, '$( 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.;. $&%4 Ca-.
Authori:ation to company not necessary. Complaint filed by company
ob-ection that no authori:ation "i#en by company to director plead
re-ected )he person who is in char"e and responsible for conduct of
the business of the company can file. *44, I L! &.1.
8ne month Definition. Definition Done monthE in /ec.& '&.( of <eneral
clauses act to be followed and hence it cannot be restricted to period
of &% days Done monthE in /ec.*1$ refer to calendar month
';an?$4?&%?&* P Feb.$,A$4(. *44, I L! 'Crl( $01.
Alle"ations on partners must. )o brin" persons within the pur#iew of
/ec. *&, 3I Act there must be an alle"ation prima facie disclosin" of
commencement of offence of directors or partners. *44, I L! $1.
%*A%0A$%%&
%1-%*-$%%1
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 re-ected. Inter#enin" of period of public
holidays on the day of e2piry of cheque to be e2cluded >nder section
$. company functions throu"h human a"ency. 5ence? B.D.? in
indi#idual capacity cannot escape from his liability complaint
maintainable. *44, II L! 'Crl( 0***.
Ce-a"reement compensation )here was an a"reement between
parties hence section not attracted plea re-ected time imposed
and compensation to complainant "ranted. *44, II L! 'Crl( 0$*.
<ood usedAplea "oods not "ood stop payment Acquittal of accused
that communication to stop payment acquittal set aside. 5a#in"
consumed almost entire materials? the stop payment instruction to
bank? can under no stretch of ima"ination protect the respondent
from liability >A/ *&,. *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 re-ected. *44, II L! 'Crl( 01%.
/ection $1. Cr.P.C.? not maintainable >nder /ection *&, 3.I. case
'findin"( *44, II L! 'Crl( 01%.
Deemed 3otice deemed notice can be constructed as receipt
contemplated under /ection *&,. *44, Crl.L.;. &4%&. 'Bad(.
Abatement Proceedin"s does not abate on death of payee power
a"ent is le"al. *44, Crl.L.;. &,+% 'Bad(.
/top payment Presumption under /ection *&4 in fa#our complainant
notice to stop payment would not preclude action >A/ *&, by draw.
*44, Crl.L.;. '/C( *&4+.
/ilent partner Complaint a"ainst person who is not responsible for
conduct of business company not maintainable. *44, Crl.L.;.'Ca-(
&.$. 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( <u-.
Indorsement - Indorsement not liable. *44* B!3 II $&+.
*%A%*A$%%& till this palmed
Ci#il suit cannot be stayed pendin" criminal prosecution criminal
cases can be stayed by ci#il court only rarely when compellin"
circumstances e2ist. *440 II C)C $*. '/C(.
Incorporation of recitals about chit transactions in promissory note is
mandatory requirements If any time fi2ed for payment than
payment could be demanded only after that period. *44+ I C)C $,1.
/ection&4+-Ce#ision-3either second re#ision >A/ &4+ nor quashin"
petition can be maintained by unsuccessful person in re#ision before
/essions court. *44+ II C)C .0+.
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 represented
by 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 I2ecution 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 claim
re-ected. *44+ AIC 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.;.*% '@( <u-.
Complaint a"ainst company Alle"ation a"ainst directors not
necessary. *44, Crl.L.;. *%'C( <u-.
Char"e a"ainst accused directors of company necessary in a complaint
a"ainst company. *44, I L! 'Crl( $1.
Accused not entitled for documents but for copy of complaint alone
*44, I L! 'Crl( *. =arpa"a#inayam ;.
/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 otherwise
closed 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.
Inquiry >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&+.
Inquiry 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. Ce#ersed *44, C)C II /C 10$.
Compoundin" cannot be done in *&, cases. *440 Crl.L.;. *&. '=er(.
Boney lender co#ered >A/ *&, 3I Act. *440 I Crl.L.;. 'AP( 0&0 'A(.
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. I
Crl.L.;. **%$ 'followed AIC *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.;. '<u-( &%44 @ 'Para *%(.
/i"natures differ in acknowled"ement card from cheque plea
re-ected. *440 Crl.L.;. '<u-( &%44 '@(.
Intire body need not be written by drawer. *440 Crl.L.;. '<u-( &%44
'C(.
Proceedin"s a"ainst or for proprietor concern cannot be initiated.
*440 Crl.L.;. '<u-( &%44 'A(.
Complaint can be filed at either place of issuance or dishonour. *440
Crl.L.;. '=er(
$&4..
@urden of proof is on accused. *440 Crl.L.;. 'Bad( &&,+. 'A( 'C(.
A#erments re"ardin" -urisdiction not must. *440 Crl.L.;. '=ar( $$01.
'C(.
!ithout si"nature of Ad#ocate notice is #alid. *440 Crl.L.;. '=ar(
$$01 'A(.
3otice to reasonably correct address is sufficient. *440 Crl.L.;. '=er(
*%*&.
/er#ice of notice deemed notice is sufficient. *44. II BL; &. '/3(.
Dismissed complaint cannot be taken back if reasons for absence not
e2plained. *440 I L! 'Crl( $$*.
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(. CI9IC/ID *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 F3ot 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( $++. Can"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
re-ected. *44. I L! 'Crl( $01. ;anarthanam ;.
!ithout impleadin" company as accused not maintainable. /ection
&*4 Cr.P.C.? for Impleadin" any other person as co accused will not
ha#e effect of curin" the infirmity.. *44. I L! 'Crl( *&$. Can"asamy
;.
Cheque is not ne"otiable after bein" dishonoured? it cannot be
endorsed a"ain. *4,4 I L! 1%*.
Cefer 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 '*( $.*.
Power of attorney can file complaint >As *&, 3I Act. *441 )3L; 1$.
/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. AIC *44& =ar &&1.
Cefer 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 $0& '0
th
Para end(.
Absence of any a#erment about the power of attorney? he cannot file
the complaints. *441 I L! 'Crl( &&+.
Company should also be added as party. *4,, /C **$&.
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$% IPC in the course of *&, trial
re-ected. *441 L! 'Crl( ...
Dismissed for default 8n the "round of absence of complainant?
a"ain cheque presented a"ain same procedures complaint can be
taken for fresh cause of action. *441 L! 'Crl( .&.
Power of attorney a"ent is #irtually the payee himself or holder in due
course. *441 L! 'Crl( &1.
Cheque can be presented any number of times within its #alidity
)here is no infirmity in it. *44& L! 'Crl( 0$+.
FFor 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*,.
/ole proprietary concern impleadin" of the company is not necessary
plea that failure to implead the company as accused will #itiate the
prosecution? re-ected. *44& L! 'Crl( $+&.
Cheque presented to bank for collection on #arious dates and returned
as Finsufficient fundsG plea that *1$ contemplates only a sin"le cause
of action re-ected. *44& L! 'Crl( $+%.
I2piry of 1. days time @ar of limitation where the complaint is filed
after e2piry of 1. days from the date of return of the notice. *44&
L! 'Crl( *%..
Cefer to drawer )his and other contentions in#ol#ed on e#idence to
be adduced and the matter cannot be decided on a petition to quash
the proceedin"s. *44$ 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( &%+.
I#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 *
st
occasion 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+.
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 in
promissory note Interest of hi"her rate. 5eld can be allowed? only
when it is a"reed to by the debtor Directi#es of Ceser#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 will
not 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"
Cs.&%%A- 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+.
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. $%%&
'1( C)C 0$,.
Celationship Celationship 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$,.
I9IDI3CI 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. AIC *4.%
All .$1.
Bere production of account books is not sufficient to establish
transactions. $%%* '$( C)C +&0. '/ec.&1(.
Deliberate suppression of account books. )he defendant dischar"ed
burden 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&+.
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 that
copy was made from ori"inal and compared with ori"inal to admit copy
as secondary e#idence. $%%* '*( C)C *$.
CCIBI3AL PC8CID>CI C8DI
/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 $%$ -Inquiry 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( $*$.
/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 alone
to 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 ad-ourned. *44, Crl.L.;. /C ,.0.
Accused can ask for dischar"e. *440 II L! 04%.
Indorser not liable. *44* B!3 '$( $&+.
/ection *$0'$( . I2porter order can be passed. *44+ * L! 'Crl( '/3(.
/ection *$0'$(. I2-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. AIC *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 $%.. AccusedApower a"entAnot 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. AIC *444 /C *&,..
/ection $1.'$(. Applicable for summons caseApri#ate complaint. *44*
/CC $*+. 4$ /C $$%0 and 4$ Crl.L.;. &+44.
/ection $1.'$(. Can be filed in summons case. *44. I L! 'Crl( $++.
/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. <rounds for transfer
person arrayed has reasonable cause to apprehend that court is not
from bias . b( Ba"istrate is functionin" as month piece of PP and in
-udicial manner. c(. Procedure adopted by ;B ille"al? d(. ;B is biased
towards PP. e(. ;B makes obser#ation creatin" bear of fair trial? f(.
failure to ad-ourn case in interest of -ustice. *444 '$( C)C 1*,.
/ection 4* - /end for Plea re-ected. )his court has already
cautioned a"ainst undertakin" a ro#in" enquiry into the pros and cons
of the case by wei"hin" the e#idence or collectin" materials as if
durin" the course or after trial #ide. '+4'&( /CC 1(. $%%% '&( C)C ..
/C.
/ection *$.. !ife employed #alid for maintenance. Beanin" of li#in".
I#en it the wife is employed she can claim for maintenance. $%%% I
B!3 *&. 4+ II L! 'Crl( .+$.
/ection $%1. Certified copy of complaint Accused entitled. Ci"ht of
accused to obtain pri#ate complaint copies of complaint on receipt of
summons but before his appearance in court accused is entititled to.
$%%* '*( C)C $1.
/ection *$.. 8ne month or on payment respondent shall be released.
Ba"istrate cannot impose sentence continuously on respondent in
custody one month or payment time which e#er is sooner can be
released. )he petitioner has to come a"ain for the same remedy if
payment not made. 44 Crl.L.;. .%0% /C.
/ection +&. Case can be spited. If the 3@! is not possible to e2ecute
on the other accused? the appearin" accused can ask for split of the
case. )he prosecution need not file any application for that. 44
Crl.L.;. +0&.
/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. AIC $%%% /C $4+.
/ection $.$. 6uestionin" not necessary. In summons case
questionin" about sentence with accused not necessary. >As **&, 3IA.
$%%* '&( C)C $..
/ection 1$*'*(. Bode of attachment of property. Bode of reco#ery by
attachin" or sale of immo#able property >As 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 $41. 3ot markin" documents as per law ille"al cannot
looked into. Documents marked without e2aminin" authors ob-ected
by accused documents marked without consent of accused
procedure as per order by <o#t #ide <.8.Bs 3o.$., 'Courts( dt. %,-
%$-*44&. 3ot markin" documents in such fashion ille"al court cannot
look in to documents as contents not pro#ed. $%%* '1( C)C .41.
/ection 1,$. Criminal proceedin" a"ainst family members in#alid.
@efore issue process criminal court has to e2ercise "reat deal of
caution It is serious matter as far as accused is concerned when
complainant lod"es complaint. $%%% '$( C)C *%+.
/ection $1. Dischar"e pendin" is not a bar for quash. Petition >As
$1. dischar"e pendin" will not preclude the 5C from quashin" >As
/ection 1,$ Cr.P.C. $%%$ '$( C)C *%+.
/ection $%.. Can be filed for *
st
appearance in *&, Cases. Ba"istrate
can 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 $*,.
Partner or not in firm is matter for trial >As *&, case. *44+ '$( C)C
$4&.
/ection 4*. ;B cannot compel accused to produce documents >As 4*.
Power of ma"istrate to summon for production of thin" person
Inapplicability to accused persons Power >As 4* cannot be e2ercised
a"ainst accused to produce any incriminatin" materials. *44+ '&( C)C
*40.
/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 instrument
of 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 by
entertainin" 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
>As &** 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
pre-udice 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$.
4A*$A$%%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$14
Cetirement of partner from the firm petitioners ceased to be
partners of firm e#en before issuance of dis honoured cheques date
of dissolution not mentioned in reply notice - public notice as
contemplated uAs +$ %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
anyone is made an accused bein" director or partner. 9=; Crl.L;
1&$0
Cetired 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 AIC $%%$ /C *,$ J $%%$ Crl.L; $00 $%%1 Crl.L; 1**4