Professional Documents
Culture Documents
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.