only a summons under Section 205 Cr.P.C is
issued in all prosecutions under Section 138 of the Negotiable
Instruments Act.
16. Even assuming ... accused exempted under Section 205 Cr.P.C in a prosecution
under Section 138 of the Negotiable Instruments Act (a
summons case) can be recorded
under Section 190 of the Cr.P.C. is not sustainable in the above prosecution launched under Section 138 of the Negotiable Instruments Act. Clause ... 138 of the Negotiable Instruments Act. Section 142 (a) of the Act states that cognizance of the offence punishable under Section 138 shall be taken
that second respondent
committed offence under Section 420 of
Indian Penal Code and Section 138 of
Negotiable Instruments Act. Learned
Magistrate has taken cognizance ... second
respondent committed an offence under Section
420 of Indian Penal Code and Section 138 of
Negotiable Instruments Act. That was in 1998.
Petitioner
compensation under Section 357 of the Code of Criminal Procedure has been issued it is complained.
10. Section 138 of the Negotiable Instruments Act reflects ... invoke the powers under Section 357(3) in a prosecution under Section 138 of the Negotiable Instruments Act. I find absolutely no merit in this
under Section 420 I.P.C. by signing
differently in Ext.P1 cheques, this prosecution under Section
138 of the Negotiable Instruments Act would ... sentence in a prosecution under Section 138 of the Negotiable
Instruments Act. Section 138 of the Negotiable Instruments Act
was brought into the statute book
prosecution initiated by him against the accused under Section 138 of the Negotiable Instruments Act ended in acquittal. He assails the said judgment ... appearing in the section (emphasised above) cannot lead me to the conclusion that Section 138 of the Negotiable Instruments Act will not be applicable
accused was one under
Section 420 IPC, all the ingredients of an offence
under Section 138 of the Negotiable Instruments Act
were made ... within the time as per Section 142
read with Section 138 of the Negotiable Instruments
Act.
8. On getting the lawyer's notice
Section 27 of the Negotiable Instruments Act and Section 306 of the Indian Succession Act since Section 27 of the Negotiable Instruments Act empowers agency ... Section 138 of the Negotiable Instruments Act and to prepare the complaint under Section 142 of the Negotiable Instruments Act should have been given
Court, Ernakulam, alleging an offence punishable under Section 138 of the Negotiable Instruments Act against the petitioner and Belhouse Associates (P.) Ltd., which ... provisions under Section 446 of the Companies Act have no application to the proceedings under Section 138 of the Negotiable Instruments Act.
12. Counsel
that the accused had committed the offence punishable under Section 138 of the Negotiable Instruments Act in respect of three cheques for a total amount ... succeeded in proving the ingredients of the offence under Section 138 of the Negotiable Instruments Act alleged against the accused. The specific finding was that
