that the very
initiation of proceedings under Section 200 Cr.P.C, for an offence
punishable under Section 138 of the NI Act, is without ... contended that a complaint filed under
Section 200 Cr.P.C, for an offence punishable under Section 138
of the NI Act, attracts the rigour
HONAVAR IN
C.C.NO.794/2006, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 138 OF THE N.I.ACT.
RESERVED FOR JUDGMENT ... 2006 where under the
respondent accused was acquitted for the
offence punishable under Section 138 of N.I.Act.
-3-
2. Heard the learned advocates
special law, is an undisputed fact. Section 143 of the
Act holds that offences punishable under Section 138 of
the Act to be summary proceedings ... case,
the offences alleged are under IPC , tried not by summary
procedure as provided for offence punishable under
Section 138 of NI Act. Therefore
JUDGE
AT BENGALURU CONVICTING THE PETITIONER FOR THE OFFENCE
PUNISHABLE UNDER SECTION 138 OF NI ACT AND SENTENCED
THE PETITIONER TO UNDERGO ... complainant
was never served on the accused. Under such circumstances,
no offence punishable under Section 138 of NI Act is made
out.
8. Learned counsel
order of sentence dated 01.03.2018, convicting them for the
offence punishable under Section 138 of the Negotiable
Instrument Act (for short ... accused Nos.2 and 3 alleging
commission of offence punishable under Section 138 of NI
Act. It is alleged that the complainant is the Diploma
order of sentence dated 01.03.2018, convicting them for the
offence punishable under Section 138 of the Negotiable
Instrument Act (for short ... accused Nos.2 and 3 alleging
commission of offence punishable under Section 138 of NI
Act. It is alleged that the complainant is the Diploma
under Section 138 of
N.I. Act. The accused had challenged the jurisdiction of the
Court to take cognizance of an offence under Section 138 ... constitute the ingredients of the offence under Section
138 of the Act.
58.5 The proviso to Section 138 simply postpones/defers
institution of criminal proceedings
section (1) of Section 143 of the said Act of
1881, all complaints alleging an offence punishable under Section
138 of the said ... offence
19
punishable under Section 138 of the said Act of 1881. A
complaint under Section 138 of the said Act of 1881 can become
pleased to hold that the complaint under Section 200
Cr.P.C for the offence punishable under Section 138 of
the N.I.Act being ... from initiating the complaint under
Section 200 Cr.P.C against the accused for the offence
punishable under Section 138 of the Negotiable
Instruments
conviction in
C.C.No.3265/2016, for the offence punishable under
Section 138 of Negotiable Instruments Act and ordered ... punishable under Section 138 of the Negotiable
Instruments Act and imposed fine as aforesaid.
14. Being aggrieved by the same, the accused
preferred an before
