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Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Notice sent under certificate of posting at correct address - Notice not received back - There is presumption of service of notice. (First Learning Quest Private Ltd. Vs M/s Tera Construction Private Ltd.) 2008(4) Civil Court Cases 578 (Delhi) : 2008(4) Criminal Court Cases 747 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Plea that date of service of notice not mentioned in complaint - Notice sent by registered post - There is presumption of delivery of letter, properly addressed and sent by registered post unless contrary is proved - Held, there is no force in the contention of accused. (Amit Yadav Vs State of U.P. & Anr.) 2008(4) Civil Court Cases 163 (Allahabad) : 2008(3) Criminal Court Cases 902 (Allahabad)
Negotiable Instruments Act, 1881, S.138 - Dishonour of Cheque - Notice - Proof of service of notice - Accused replied the notice - Complainant is not required to give any other proof regarding service of notice. (Prakash Chand Vs Suresh Chand) 2008(4) Criminal Court Cases 777 (M.P.) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Refusal - Refusal to accept has always been considered as good service. (Vishnu Bhat Vs Narayan R.Bandekar & Ors.) 2008(2) Civil Court Cases 052 (Bombay) : 2008(2) Criminal Court Cases 171 (Bombay) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Returned with endorsement 'there was no such addressee' - Address mentioned on postal cover not disputed - Summons served at the same address - Accused did not chose to enter into the witness box - When questioned u/s 313 Cr.P.C. accused did not say that notice was not served as per law or notice was returned with false endorsement with the connivance of the complainant - Held, there is valid service of notice and accused evaded to receive notice. (Michel Anthony Vs P.S.Chandrasekara) 2008(1) Civil Court Cases 600 (Madras) : 2008(1) Criminal Court Cases 907 (Madras)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Sent through courier - Notice received back with endorsement of 'Refusal' - There is presumption of service. (R.Sridher Vs T.K.Rajendra Sha) 2008(4) Civil Court Cases 400 (Madras) : 2008(4) Criminal Court Cases 326 (Madras)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Stop payment - Cheque dishonoured - Cheque presented again - Collecting bank returned cheque noticing defacement and it was never presented to drawer's bank - Cheque shall be deemed to be presented only once - Notice not served within statutory period when cheque was first dishonoured - Held, complaint not maintainable. (Shroff Publisher & Distributors Pvt. Ltd. & Ors. Vs M/s.Springer India Pvt. Ltd.) 2008(1) Civil Court Cases 527 (Delhi) : 2008(1) Criminal Court Cases 541 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice issued - Cheque again presented and again dishonoured - Notice again issued - Complaint filed on the basis of second notice - Held, cause of action to file complaint accrues only once - Complaint should have been filed after issuance of the first notice - Complaint on the basis of second notice is beyond the period of limitation - Complaint quashed. (Umesh Tandon & Ors. Vs Indian Technological Products) 2008(1) Civil Court Cases 40 (Delhi) : 2008(1) Criminal Court Cases 159 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice of demand - Has to be in writing - Notice by making telephone call - Not sufficient. (Dr.Premish Verma Vs Lokesh Sharma) 2008(2) Criminal Court Cases 662 (Chhattisgarh) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Offence u/s 138 of the Act is both technical as also one involving no moral turpitude. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Order taking cognizance if not challenged then petition to drop proceedings is not maintainable. (Sohan Lal Jain & Anr. Vs Shambhu Dayal Sharma) 2008(4) Criminal Court Cases 664 (Rajasthan) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Partnership firm - Complainant can choose to file a complaint only against the firm - Complainant may choose not to proceed against the individual partners as accused either because he is not aware as to who are the partners or is not interested in proceeding against the partners apart from the firm. (Alfa Graphics Vs Arjun Kohli) 2008(4) Civil Court Cases 391 (Delhi) : 2008(4) Criminal Court Cases 907 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Partnership firm - Complainant can choose to file the complaint only against the firm - A firm cannot possibly contend that although it has been named as an accused it need not participate in the proceedings only because the person incharge of the affairs of the company at the time of commission of the offence has not been named as an accused. (Alfa Graphics Vs Arjun Kohli) 2008(4) Civil Court Cases 391 (Delhi) : 2008(4) Criminal Court Cases 907 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Payment after commission of offence - Once the offence is committed, any payment made subsequent thereof, will not absolve the accused of the liability of the criminal offence, though in the matter of awarding of sentence, it may have some effect on the Court trying the offence. (Vishnu Bhat Vs Narayan R.Bandekar & Ors.) 2008(2) Civil Court Cases 052 (Bombay) : 2008(2) Criminal Court Cases 171 (Bombay) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Pendency of civil suit for recovery of cheque amount - Not a bar for proceeding u/s 138 of the Act - Provision of S.138 of the Act is an additional criminal remedy over and above the civil remedy available. (Sree Sakthi Paper Mills Ltd. Vs Anjaneya Enterprises) 2008(1) Civil Court Cases 126 (Kerala) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Plea of accused that blank cheque as security was given and even after repayment of loan cheque was misused - Accused admitted in his cross examination that cheque was given to repay the debt - No merit in contention that blank cheque was given - No ground to interference in concurrent finding of conviction. (Sharad Kumar Tiwari Vs Smt.Laxmi Tiwari) 2008(1) Civil Court Cases 510 (Rajasthan) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Post dated cheque - Bank account attached by Court - Accused not liable - Act of attachment of bank account of drawer cannot be said to be a voluntary act of the drawer. (Vijay Choudhary Vs Gyan Chand Jain) 2008(4) Civil Court Cases 712 (Delhi) : 2008(4) Criminal Court Cases 924 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Post dated cheques - Drawer issuing notice not to present the cheque as there is some dispute with regard to amount - Accused also directed bank to Stop Payment - Cheque presented and dishonoured - Offence u/s 138 of the Act is made out - Complaint cannot be quashed once offence is made out and defence raised has to be considered after parties are allowed to lead evidence. (M/s.Moderna Radio House & Ors. Vs M/s.Whirpool of India Ltd.) 2008(4) Criminal Court Cases 917 (P&H) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Power of attorney can file the complaint on behalf of payee or holder-in-due-course. (Ashalatha Vs State of Kerala) 2008(1) Civil Court Cases 223 (Kerala) : 2008(1) Criminal Court Cases 274 (Kerala) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days from the date of receipt of notice by drawer of cheque - Complaint not maintainable. (Tajuddin M.Somji Vs Jivrai Raoji Gandhi & Jivraj Raoji & Anr.) 2008(3) Civil Court Cases 503 (Bombay) : 2008(3) Criminal Court Cases 841 (Bombay) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Premature complaint - Payment not made at all - It causes no prejudice to the accused - Conviction upheld. (Krishan Gupta & Anr. Vs State of West Bengal & Anr.) 2008(3) Civil Court Cases 037 (Calcutta) : 2008(2) Criminal Court Cases 927 (Calcutta) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Presumption - Execution and issue of cheque has to be proved to draw the presumption - When execution itself is not proved, presumption u/s 139 of the Act is not available - Admission of signatures on cheque goes a long way to prove due execution - Possession of cheque by the complainant similarly goes a long way to prove issue of cheque - In the instant case signatures on cheque admitted - However, complaint not proving as to when cheque was given, who has written the amount and date on cheque and in whose hand writing the cheque was written - Held, it cannot be said that complainant has discharged the burden of proving its execution. (Gopan Vs Tonny Varghese) 2008(1) Civil Court Cases 642 (Kerala) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Presumption - Execution and issue of cheque has to be proved to draw the presumption - When execution itself is not proved, presumption u/s 139 of the Act is not available - Admission of signatures on cheque goes a long way to prove due execution - Possession of cheque by the complainant similarly goes a long way to prove issue of cheque - In the instant case signatures on cheque admitted - However, complaint not proving as to when cheque was given, who has written the amount and date on cheque and in whose hand writing the cheque was written - Held, it cannot be said that complainant has discharged the burden of proving its execution. (Gopan Vs) 2008(1) Criminal Court Cases 506 (Kerala) Negotiable Instruments Act, 1881, S.138 - Dishonour of Cheque - Proprietorship firm - Loan - Repayment - Neither books of account produced nor any receipt produced as to repayment of loan amount - Conviction upheld. (Shankar Lal Aggarwal Vs Balram Luthra) 2008(4) Criminal Court Cases 733 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of Cheque - Proprietorship firm - Notice sent to partner in his individual capacity without mentioning him as proprietor of the firm - Held, a valid notice - Proprietorship firm is not a legal entity - It is only the proprietor of the firm who is a legal entity. (Shankar Lal Aggarwal Vs Balram Luthra) 2008(4) Criminal Court Cases 733 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Quashing of complaint - Sought on ground that complaint not filed within time on the basis of first notice - Issue as to whether the first notice was served or sought to be served by the postman on the accused has to be decided on the basis of evidence and postman concerned has to step in the witness box - Process issued cannot be recalled. (Ratilal Manjibhai Patel Vs Crown Industries & Anr.) 2008(1) Civil Court Cases 500 (Bombay) : 2008(1) Criminal Court Cases 228 (Bombay) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Receipt of information from Bank - It can be in any language and through any mode - written, electronic, fax or even verbal. (A.K.Chaudhary & Ors. Vs Nandita Malhotra) 2008(1) Civil Court Cases 58 (Delhi) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Reduction in sentence - Cheque amount of Rs.21 lakhs - Accused convicted and sentenced to 2 years RI and to pay compensation of Rs.42 lakhs - Accused 77 years old and having health problem - Compensation reduced to Rs.21 lakhs and sentence reduced till rising of Court. (R.Sridher Vs T.K.Rajendra Sha) 2008(4) Civil Court Cases 400 (Madras) : 2008(4) Criminal Court Cases 326 (Madras) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Self drawn cheque - Given to complainant in discharge of legal liability - Self drawn cheque comes within the expression 'Holder in due course' - Accused is guilty of offence u/s 138 of the Act. (Avtar Singh Vs Canara Bank) 2008(4) Civil Court Cases 435 (P&H) : 2008(4) Criminal Court Cases 821 (P&H) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Sentence - Cheque amount 4 lakhs - Accused sentenced to two years imprisonment and to pay compensation of Rs.5 lakhs - Sentence reduced to one year imprisonment but order of compensation upheld. (Sharad Kumar Tiwari Vs Smt.Laxmi Tiwari) 2008(1) Civil Court Cases 510 (Rajasthan)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Signatures does not tally with the specimen - Successive presentation - Makes no sense - Whenever cheque is dishonoured on ground of 'signatures does not tally with the specimen', payee cannot resort to successive presentation to save the limitation. (Nanjundappa Vs Hanumantharayappa) 2008(4) Civil Court Cases 375 (Kerala) : 2008(3) Criminal Court Cases 904 (Kerala) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Signatures on cheque disputed - Request to send cheque to handwriting expert for comparison of signatures - Request cannot be declined on ground of delay. (P.R.Ramakrishnan Vs P.Govindarajan) 2008(1) Civil Court Cases 430 (Madras) : 2008(1) Criminal Court Cases 421 (Madras) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - 'Stop payment' - Offence u/s 138 of the Act is committed. (Citichem India Ltd. & Anr. Vs Gujarat Alkalies & Chemical Ltd. & Anr.) 2008(4) Civil Court Cases 784 (Gujarat) : 2008(4) Criminal Court Cases 770 (Gujarat) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Stop payment - Sufficient money to honour the cheque was not in the account - Accused is liable under the Act. (Som Nath Vs State of Punjab & Anr.) 2008(1) Civil Court Cases 409 (P&H) : 2008(1) Criminal Court Cases 463 (P&H) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Summoning on basis of photocopies of cheque and bank memos - Summoning order suffers no illegality. (Laiq Ram Vs Bal Krishan) 2008(4) Civil Court Cases 671 (H.P.) : 2008(4) Criminal Court Cases 512 (H.P.) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Summoning order - Quashing of - Prima facie ingredients of offence u/s 138 of the Act satisfied - Plea that amount was disputed and that by practising fraud and dishonesty complainant presented the cheque to be proved during trial - Order taking cognizance suffers no infirmity or illegality - Court in such cases should insist on presence of accused on dates on which appearance is necessary - Personal appearance of accused not to be insisted. (Parmod Kumar Rath Vs M/s Aditya Steel Industries Ltd.) 2008(2) Civil Court Cases 131 (Orissa) : 2008(1) Criminal Court Cases 233 (Orissa) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Termination of service of employee - Accused No.1 Managing Director of company, accused No.2, and partner of firm, accused No.3 - Complainant proved that accused issued the cheque to meet the liability of the company and firm whose Managing Director/partner he was - Accused failed to prove that he stood as surety by issuing the said cheque - Such plea not put forward to the complainant and it was taken as an afterthought - Accused cannot escape his conviction - Accused directed to pay compensation of Rs.20,000/- to the complainant and in default to undergo SI for 3 months. (Vishnu Bhat Vs Narayan R.Bandekar & Ors.) 2008(2) Civil Court Cases 052 (Bombay) : 2008(2) Criminal Court Cases 171 (Bombay) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Territorial jurisdiction - Cheque drawn in Philibhit - Drawer's bank in Bareilly - Cheque presented in Delhi and dishonoured - Court at Delhi has jurisdiction to try the complaint. (Meenu Bhist Vs Vijay Kumar Gupta & Anr.) 2008(1) Civil Court Cases 372 (Delhi) : 2008(1) Criminal Court Cases 434 (Delhi)
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Time barred debt - Cheque issued to pay the time barred debt - It revalidates the debt - By not making the cheque payment inspite of demand, accused commits an offence. (V.Satyanarayana Raju Vs G.B.Gangadhara Reddy & Anr.) 2008(2) Civil Court Cases 221 (A.P.) : 2008(2) Criminal Court Cases 008 (A.P.) Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Time barred debt - Cheque issued to pay time barred debt - Has the character of legally enforceable debt. (A.R.M.Nizmathullah Vs Vaduganathan) 2008(1) Civil Court Cases 490 (Madras) : 2008(1) Criminal Court Cases 558 (Madras) Negotiable Instruments Act, 1881, S.138 - Notice - Received back unclaimed - In case of unclaimed notice the deemed service of notice is to be reckoned from the date of postal endorsement and not from the date the undelivered notice is received back by the sender. (Ashwani Kumar Julka Vs Lt.Col.Parthojit Choudhary (Retd.)) 2008(1) Civil Court Cases 11 (Delhi) Negotiable Instruments Act, 1881, S.138(b) - Dishonour of cheque - Notice - Delay - Condonation of delay - Held, there is no power with Court to condone delay in issuing notice as contemplated u/s 138(b) of the Act. (B.K.Sarkar & Anr. Vs State of Gujarat & Anr.) 2008(3) Civil Court Cases 707 (Gujarat) : 2008(3) Criminal Court Cases 671 (Gujarat) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.197 - Dishonour of cheque - Public servant - Sanction for prosecution - Cheque issued by M.D. State Transport Corporation towards payment of instalments or payment of loan - M.D. was performing only his official functions - Sanction for prosecution is mandatory before cognizance of offence u/s 138 NI Act is taken - Prior sanction for prosecution not taken - Summoning order passed by Magistrate u/s 138 of the Act set aside. (K.Suresh Vs M/s.Lloyds Finance Ltd. & Anr.) 2008(3) Civil Court Cases 368 (DELHI) : 2008(3) Criminal Court Cases 787 (DELHI) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.200 - Dishonour of cheque - Complaint - Cognizance of complaint can be taken before recording statement of complainant. (Rajan Vs National Small Industries Corporation Ltd.) 2008(1) Civil Court Cases 691 (Kerala) : 2008(1) Criminal Court Cases 570 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.200 - First Proviso (a) - Dishonour of cheque - Complaint by a Govt. company - Examination of complainant on oath - Exemption - For applicability of S.200 1st Proviso (a) complaint should have been filed not only by a public servant who is acting in discharge of his official duties but also his official duties must include preferring complaints in accordance with provisions of law by which he is empowered to file complaints. (Rajan Vs National Small Industries Corporation Ltd.) 2008(1) Civil Court Cases 691 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.200 First Proviso (a) - Dishonour of cheque - Complaint by a Govt. company - Examination of complainant on oath - Exemption - For applicability of S.200 1st Proviso (a) complaint should have been filed not only by a public servant who is acting in discharge of his official duties but also his official duties must include preferring complaints in accordance with provisions of law by which he is empowered to file complaints. (Rajan Vs National Small Industries Corporation Ltd.) 2008(1) Criminal Court Cases 570 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.205 - Dishonour of cheque - Exemption of personal appearance of accused - Complaint u/s 138 of NI Act can be disposed of mostly on the basis of documents and other evidence - In such a case presence of accused on all dates is not necessary and Court should only insist on presence of accused on the dates on which appearance of the accused in Court is necessary for effectual adjudication. (Parmod Kumar Rath Vs M/s Aditya Steel Industries Ltd.) 2008(2) Civil Court Cases 131 (Orissa) : 2008(1) Criminal Court Cases 233 (Orissa) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.205 - Dishonour of cheque - In a prosecution u/s 138 of the Act discretion u/s 205 Cr.P.C. must be exercised in favour of accused. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.205 - Dishonour of cheque - Summons - Magistrate can dispense with personal attendance of accused at the time of issuance of summons - There is no impediment whatsoever for a fair and efficient trial if only a summons u/s 205 Cr.P.C. is issued in all prosecutions u/s 138 of the Act. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.205 - Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case plea of accused can be recorded through his counsel. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.205(2) - Dishonour of cheque - Summons issued dispensing with personal attendance of accused - If accused is acquitted or accused is convicted and sentenced with a fine only then it is not necessary to insist on personal presence of accused to receive judgment - However, if sentence is one of substantive imprisonment, then accused can be directed u/s 205(2) Cr.P.C. to appear personally. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala)
Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256 - Dishonour of cheque - Absence of complainant - Mere absence of a complainant does not entail consequences u/s 256 Cr.P.C. - Presence of complainant can only be insisted if progress of the case demands such appearance - On all other dates from the date of filing of complaint to date of judgment he can also be permitted to be represented by his counsel. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala)
Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256 - Dishonour of cheque - Complaint - Dismissal for non appearance of complainant when complaint was fixed for recording preliminary evidence - Provision of S.256 Cr.P.C. comes into play only when the summons have been issued on a complaint for the appearance of the accused - It is not applicable at the preliminary stage when only the complaint has been filed and the preliminary evidence is yet to be recorded. (Danvanti Mutual Benefits Ltd. Vs State of Haryana & Anr.) 2008(2) Civil Court Cases 007 (P&H) : 2008(2) Criminal Court Cases 300 (P&H) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256 - Dishonour of cheque - Death of complainant during pendency of complaint - Son came forward to continue the proceedings - He is competent to conduct the proceedings initiated by the deceased father - Dismissal of petition on death of complainant set aside and son allowed to continue the proceedings. (Gene Vs Gabriel) 2008(2) Civil Court Cases 172 (Madras) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256 - Dishonour of cheque - Dismissal in default - Appellant not disclosed the nature of domestic work which detained the appellant from appearing in the Court - Nor the appellant disclosed where he had gone - In absence of any such averment made in the exemption application, the court could not exercise the discretion of granting exemption. (Delhi Finance Company Vs Renu Aggarwal ) 2008(2) Civil Court Cases 366 (Delhi) : 2008(2) Criminal Court Cases 437 (Delhi) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256 - Dishonour of cheque - Non appearance of complainant - Dismissal in default - Held, that great prejudice will be caused to complainant if his complaint goes undefended particularly when the amount involved is Rs.4.27 lakhs - Complaint restored. (M/s.Ambassador Cards Pvt. Ltd. Vs State & Anr.) 2008(3) Civil Court Cases 350 (Delhi) : 2008(3) Criminal Court Cases 519 (Delhi) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.256(1) - Dishonour of cheque - Dismissal of complaint in default - Complainant appeared in Court in later part of the day - Held, dismissal of complaint was erroneous - Order of dismissal set aside. (Hind Syntex Ltd. Vs M/s Shree Mangal & Ors.) 2008(1) Civil Court Cases 6 (M.P.) : 2008(1) Criminal Court Cases 130 (M.P.) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.273 - Dishonour of cheque - At stage of defence evidence, there is no obligation for accused to personally appear. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.29 - Dishonour of cheque - Fine - Twice the amount of cheque - Court is competent to award sentence of fine equivalent to double the amount of cheque - Provision of S.29 Cr.P.C. which limits the amount of fine to Rs.5,000/- is not applicable u/s 138 of Negotiable Instruments Act. (Sandeep Mittal Vs Pardeep Bhalla ) 2008(4) Civil Court Cases 116 (P&H) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.302, Power of Attorney Act, 1882, S.2 - Dishonour of cheque - A duly authorised power of attorney can file complaint on behalf of the payee or holder-in-due-course - So long as power of attorney does not seek to conduct prosecution on behalf of payee or holder in due course, question of seeking permission in that behalf u/s 302 Cr.P.C. or the question as to who should seek such permission do not arise. (Ashalatha Vs State of Kerala) 2008(1) Civil Court Cases 223 (Kerala) : 2008(1) Criminal Court Cases 274 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.320 - Dishonour of cheque - Compromise - Fresh cheques issued - Agreement stipulated that complaint will continue till all the fresh cheques issued were honoured - Complaint cannot be quashed on the ground that parties have compromised. (M/s.Moderna Radio House & Ors. Vs M/s.Whirpool of India Ltd.) 2008(4) Criminal Court Cases 917 (P&H)
Negotiable Instruments Act, 1881, S.138, Criminal procedure Code, 1973, S.357 - Dishonour of cheque - Compensation - Cheque amount Rs.15,000/- - Sentence of 1 year awarded to accused reduced to period of 2 months already undergone - Petitioner directed to pay compensation of Rs.30,000/- to the complainant. (Charanjit Singh Vs Brij Mohan Gupta & Anr.) 2008(3) Civil Court Cases 096 (P&H) : 2008(2) Criminal Court Cases 945 (P&H) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.357 - Dishonour of cheque - Compensation - Dishonour of 3 cheques of Rs.25,000/- each - Conviction - Accused sentenced to undergo 2 months RI and a fine of Rs.5,000/- imposed with default sentence - Order modified - Accused directed to pay compensation twice the amount of cheque to the complainant. (K.Deenadayalan Vs A.K.Sumathi) 2008(2) Civil Court Cases 487 (Madras) : 2008(2) Criminal Court Cases 654 (Madras) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.357 - Dishonour of cheque - Conviction - Accused sentenced to RI for six months and to pay fine of Rs.5000/- with default sentence - Cheque amount Rs.2,37,000/- - Sentence modified - Accused directed to pay double the amount of cheque as compensation to the complainant and in default to undergo simple imprisonment for six months and to pay a fine of Rs.5000/- with default sentence. (K.Vijayan Vs Appukutti) 2008(2) Civil Court Cases 412 (Madras) : 2008(2) Criminal Court Cases 407 (Madras) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.357 - Dishonour of cheque - Sentence - Court may enforce order of payment of compensation by imposing sentence in default - Contention that the substantive sentence of imprisonment in default of payment of compensation could not have been imposed rejected. (Kalim M.Khan Vs State of Maharashtra & Anr.) 2008(4) Civil Court Cases 666 (Bombay) : 2008(4) Criminal Court Cases 808 (Bombay) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.357(3) - Dishonour of cheque - Conviction - Accused sentenced to six months imprisonment and direction to pay cheque amount as compensation to complainant - Default sentence undergone - Fact that default sentence was undergone is no immunity against subsequent attempt for recovery of fine amount if such amount is to be applied for compensating the victim. (K.S.Saji Kumar Vs K.Soman Pillai) 2008(1) Criminal Court Cases 170 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.357(3) - Dishonour of Cheque - Conviction - Sentence of fine and compensation - Both cannot be imposed at a time - Matter remanded for imposing effective sentence. (Nathuram Sharma Vs Rajendra Goyal) 2008(2) Civil Court Cases 261 (P&H) : 2008(2) Criminal Court Cases 096 (P&H) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.389(3) - Dishonour of cheque - Summons issued dispensing with personal attendance of accused - Such an accused when directed only to appear to receive judgment must be held to be person to whom the benefit of S.389(3) is available. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.391 - Dishonour of cheque - Repayment alleged - Receipt produced in defence evidence - In rebuttal complainant filed an affidavit that he never issued such receipt and it does not bear his signature and it is forged - Complainant once again cross examined and he once again denied his signature on the receipt - After conviction accused filed an application for having such receipt examined by handwriting expert - In absence of taking steps despite having opportunity during trial and object being to fill up lacuna, rejection of application by Appellate Court, held, proper. (Mamatadevi Vs Vijay Kumar Mamraj Agrawal) 2008(1) Civil Court Cases 190 (Bombay) : 2008(1) Criminal Court Cases 236 (Bombay) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.482 - Dishonour of cheque - Complaint - Quashing of - Existence of debt or any other liability, loss of cheque and complaint to the bank and police station and denying the liability of the cheque amount - All these issues can only be decided after parties adduce evidence - No case made out to invoke jurisdiction u/s 482 Cr.P.C. (Sahakar Maharshi Shankarrao Mohite Patil Nagari Gramin Sahakari Pathsanstha & Anr. Vs Subhash Bhimrao Gavsane & Anr.) 2008(2) Civil Court Cases 149 (Bombay) : 2008(2) Criminal Court Cases 263 (Bombay) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.91 - Dishonour of cheque - Production of account books - Can be ordered only when it is necessary or desirable for the purposes of the trial. (G.S.Mayawala & Anr. Vs Om Prakash Mittal) 2008(2) Civil Court Cases 158 (Delhi) : 2008(2) Criminal Court Cases 221 (Delhi) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.91 - Dishonour of cheque - Signatures alleged to be forged - Application for production of bills and challans by complainant - Dismissal of application - Order not proper - However, order not interfered with in revision as accused participated in trial and cross examined all witnesses - Accused examined u/s 313 Cr.P.C. and matter reached final argument stage - At that stage no interference warranted. (Murari Mohan Kejriwal Vs Sharawan Kumar Kejriwal) 2008(2) Civil Court Cases 558 (Calcutta) : 2008(2) Criminal Court Cases 420 (Calcutta) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.2(d), 200 - Dishonour of cheque - Complaint - It is not necessary to insist on personal appearance of complainant invariably in all cases when complaint is presented. (H.D.F.C. Vs Anilesh) 2008(1) Civil Court Cases 532 (Kerala) : 2008(1) Criminal Court Cases 245 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.204, 205 - Dishonour of cheque - Summons - When summons are issued u/s 204 Cr.P.C. then at any stage before actual appearance of accused or after such appearance, power u/s 205 Cr.P.C. can be invoked. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.204, 482 - Dishonour of cheque - Recall of summoning order - Magistrate cannot recall the summoning order - The only course available to an aggrieved person is to challenge the summoning order by filing a petition u/s 482 Cr.P.C. (M/s.Hindustan Cables Ltd. & Ors. Vs State Govt. of NCT of Delhi & Ors.) 2008(3) Civil Court Cases 326 (DELHI) : 2008(3) Criminal Court Cases 636 (DELHI) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.205 & 317 - Dishonour of cheque - Exemption from personal appearance - Dismissal of application - Reasons not assigned - Court while passing an order is required to assign reasons for the conclusions arrived at - Impugned order set aside - Court to decide application afresh. (Sri Brajabandhu Mohapatra Vs Sri Sasanka Sekhar Senapati) 2008(1) Civil Court Cases 542 (Orissa) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.205, 313(1)(b) - Dishonour of cheque - Summons issued dispensing with personal attendance of accused - In such a case examination of accused u/s 313(1)(b) Cr.P.C. can also be dispensed with. (Mrs.Jain Babu Vs K.J.Joseph ) 2008(4) Civil Court Cases 625 (Kerala) : 2008(4) Criminal Court Cases 722 (Kerala)
Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, Ss.389, 482 - Dishonour of cheque - Accused convicted and sentenced to six months and fine of Rs.1,25,000/- imposed and in default of payment of fine to further undergo simple imprisonment for 45 days - Suspension of sentence - Sentence suspended on condition of depositing amount of Rs.85,000/- out of fine of Rs.1,25,000/- - Condition modified and accused directed to deposit Rs.25,000/- only. (Babu Singh Vs State of Rajasthan & Anr.) 2008(3) Civil Court Cases 730 (Rajasthan) : 2008(3) Civil Court Cases 730 (Rajasthan) : 2008(4) Criminal Court Cases 064 (Rajasthan) Negotiable Instruments Act, 1881, S.138, Evidence Act, 1872, S.101 - Dishonour of cheque - Defence - Failure on the part of the accused to establish his case does not automatically be a ground to hold that the prosecution has proved its case - U/s 101 Evidence Act the burden is on the prosecution to prove its case and such burden is not discharged by showing that the accused's case is improbable or false. (Jose Vs P.C.Joy) 2008(4) Civil Court Cases 589 (Kerala) Negotiable Instruments Act, 1881, S.138, Evidence Act, 1872, S.45 - Dishonour of Cheque - Signature on cheque denied from the very beginning - Comparison of signatures - Comparison of signatures by Bank Manager - Bank Manager though by practice is experienced to compare the signatures but be cannot be said to be handwriting expert with necessary expertise - Cheque referred to document expert for comparison of disputed signatures at the cost of accused and in case it is found that signatures on cheque are not that of accused then charges of expert to be borne by complainant. (Saheb Khan Noor Khan Pathan Vs State of Maharashtra & Anr.) 2008(1) Civil Court Cases 231 (Bombay) : 2008(1) Criminal Court Cases 063 (Bombay) Negotiable Instruments Act, 1881, S.138, General Clauses Act, 1897, S.27 - Dishonour of cheque - Notice - Sent through registered post - Notice received back with postal endorsement 'Unclaimed' - Held, presumption is of due notice. (Som Nath Vs State of Punjab & Anr.) 2008(1) Civil Court Cases 409 (P&H) : 2008(1) Criminal Court Cases 463 (P&H) Negotiable Instruments Act, 1881, S.138, General Clauses Act, 1897, S.27 - Dishonour of cheque - Notice - Sent through registered post at correct address - Received back with postal endorsement 'Addressee not present at time of delivery' - It is due service. (V.Satyanarayana Raju Vs G.B.Gangadhara Reddy & Anr.) 2008(2) Civil Court Cases 221 (A.P.) : 2008(2) Criminal Court Cases 008 (A.P.)
Negotiable Instruments Act, 1881, S.138, Limitation Act, 1963, S.12, General Clauses Act, 1897, S.9 - Dishonour of cheque - Notice - Use of word 'of' in S.138(b) NI Act is akin to the word 'from' used in S.9 of General Clauses Act & S.12 Limitation Act - Thus the date on which information from the bank is received by payee or the holder of cheque is to be excluded while reckoning the period of 30 days within which payee is required to give notice in writing. (Dr.Premish Verma Vs Lokesh Sharma) 2008(2) Criminal Court Cases 662 (Chhattisgarh) Negotiable Instruments Act, 1881, S.138, Partnership Act, 1932, S.69(2) - Dishonour of cheque - Complaint by unregistered partnership firm is maintainable. (Gowri Containers, Bangalore Vs S.C.Shetty & Anr.) 2008(2) Criminal Court Cases 321 (Karnataka) Negotiable Instruments Act, 1881, S.138, Power of Attorney Act, 1882, S.2 - Dishonour of cheque - Power of attorney can give evidence in Court on behalf of payee or holder-in-due-course, if facts necessary to secure conviction are within his personal knowledge. (Ashalatha Vs State of Kerala) 2008(1) Civil Court Cases 223 (Kerala) : 2008(1) Criminal Court Cases 274 (Kerala) Negotiable Instruments Act, 1881, S.138, Punjab Money Lenders Act, 1938, Ss.3, 4 - Dishonour of cheque - Advocate - Money lending - Absence of pleading that accused is not legally liable to pay the amount - On the other hand it is pleaded that the transaction itself was void being in violation of the Money Lenders Act - Held, the matter can be taken in defence - Plea does not appear to be sound - The circumstance that the complainant is an Advocate and that he had lent some amounts to the accused, itself would not lead to an inference that the agreement was hit by unlawful consideration or that he was indulging in money lending business. (Meenu Bhist Vs Vijay Kumar Gupta & Anr.) 2008(1) Civil Court Cases 372 (Delhi) : 2008(1) Criminal Court Cases 434 (Delhi) |
Negotiable Instruments Act, 1881, S.138 - Dishonour of cheque - Notice - Presumption of service of notice - Presumption arises when notice is sent by registered post - Even when a notice is received back with an endorsement that the party has refused to accept, still then a presumption can be raised as regards the valid service of notice. (Subodh S.Salaskar Vs Jayprakash M.Shah & Anr.) 2008(4) Civil Court Cases 011 (S.C.) : 2008(4) Criminal Court Cases 076 (S.C.) : 2008(3) Apex Court Judgments 699 (S.C.)