Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account blocked as there was conflict amongst partners - Complaint not quashed on this ground as it can be decided during trial only as to whether there was sufficient balance in the account to pay the cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Handing over of cheque by way of security per se would not absolve accused from discharge of liability arising from cheque...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without hearing accused - Impugned order set aside - Matter remanded...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - When accused does not plead guilty, he does not automatically become liable to pay 20% of cheque amount as interim compensation - Court has to record reasons for determining quantum of compensation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expired cheque - Cheque presented to bank within six months of cheque date - However, same was presented to payee bank after six months of cheque date - No criminal liability u/s 138 of the Act is attracted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - When there is no demand in notice for amount covered by bounced cheque, notice is not valid notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Additional demand - When there is specific demand in respect of cheque amount then notice is not vitiated merely because additional claim incidental is made in the form of expenses incurred for clearance and charges...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Typewritten cheque - Complainant and accused are doing business and therefore, money transactions based on typewritten cheque cannot give rise to any suspicion...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere filling of cheque by payee would not invalidate cheque and it does not amount to alteration...........