bank within the postulation of
Section 138 read with Sections 3 and 72 of the NI Act was the drawee bank
or the collecting bank ... Act 1986, Section 11 of the
Central Sales Tax Act 1956, Section 279 of the Income Tax Act, Sections 132
and 308 , CrPC, Section
whether they constitute an offence
within the meaning of Section 138 of the ‘ NI Act ’, due to the return of
a cheque by the bank ... payment ignoring Section 139 which makes it mandatory by incorporating
that the offence under Section 138 of the NI Act is rebuttable.
Similarly, there
accused, to rebut the presumption under Section 139 read with Section
118 of the NI Act, has to set up at least a probable defence ... Consequently, respondent no.2 filed a
complaint under Section 138 read with Section 141 NI Act. Respondent
no.2 also presented the three cheques
prescribed statutory period.
Accordingly, the complainant preferred the complaint under Section 138 NI
Act through Sh. Dilip Kumar Agarwal, a Director duly authorised ... with the notice on 08.10.1998 under Section 251 CrPC
for the offence punishable under Section 138 NI Act, to which the accused
pleaded not guilty
provisions in section 22 of SICA the criminal
case instituted against them for commission of the alleged offence under
section 138 NI Act is misconceived ... considered is whether section 22 A of SICA
affects a criminal case for an offence under section 138 NI Act. In the
said section provision
arise out of several complaints filed under Section 138
read with Section 141 of the NI Act. The complaints were filed by Gunmala
Sales Private ... aver in the complaint filed under
Section 138 read with Section 141 of the NI Act that at the relevant time
when the offence
other liability.
15. For the application of provision of Section 138 of the NI Act, 3
ingredients are required to be satisfied ... issued is dishonoured for insufficiency
of funds.
16. Under Section 139 of NI Act, unless the contrary is proved, the
holder of the cheque shall
Section 138 . The Division
Bench took into consideration the provisions contained in Section 138 and
Section 142 of the NI Act and so also Section ... contained in clause (c) of the proviso to Section 138 and Section 142 of
the NI Act and also considered the expression “taking cognizance
summons on a complaint under Section 420 IPC and Section 138 of the NI Act
was challenged before the High Court. There was a transaction ... including in
relation to the applicability of Section 202 of the CrPC. Section 143 of the NI Act
provides that Sections
would satisfy the
requirement even of Section 138 (b) read with Section 138(c) NI Act.
Importantly, the learned MM noted at the outset that ... Sections
62 and 69 CrPC. Under Section 62 CrPC summons have to be served
upon the accused personally. Section 144 NI Act in that sense
