Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Examination of handwriting expert - Expert not examined inspite of grant of opportunity at the time of defence evidence - Accused in his examination u/s 313 Cr.P.C. pleaded that he is not interested to lead defence..........
Negotiable Instruments Act, 1881, Section 138, 9 -- Dishonour of cheque - Holder in due course - Purchaser of cheque is a holder in due course and it is not necessary that in favour of purchaser of cheque, there should be an indrosement also - Complaint u/s 138 of the Act by such holder in due course is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 9 -- Dishonour of cheque - Holder in due course - Cheques in question were issued by original accused no.1 in favour of accused no.2 - Accused no.2 indorsed those cheques in favour of accused no.3 i.e applicant, who in turn further indorsed the same in favour of complainant for consideration - Complainant being holder in due..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Benefit of probation - Applicability - Statue does not prohibit the applicability of provisions of S.4 of 1958 Act in cases u/s 138 of N.I.Act, as offence is punishable with only 2 years imprisonment - More so, trial Court would have to assign reasons for..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Mere offer of accused to reimburse the cheque amount cannot be considered as obliging complainant to compound the offence but same would definitely have a bearing on sentence to be passed - In the instant case, action of complainant in not accepting the offer..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Disputed hand writing - Expert opinion - Accused can seek opinion of handwriting expert and can examine him as a witness - No question arises for sending cheque to FSL - Accused can also apply for summoning the concerned bank officials to ascertain interpolation of the..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Legally enforceable debt - Presumption - Accused contended that he signed the blank cheques, handed over to complainant for forwarding the same to a company, which were misused by him - However, no action was taken by accused regarding misuse of blank cheques by complainant - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Affidavit of examination-in-chief of witnesses of accused - Permitting accused to file affidavit in lieu of examination-in-chief is illegal - Trial vitiated on account of procedural lapse - Case remanded for proceeding further from the stage the case was posted for leading defence evidence - Affidavits..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal - Does not discharge him from liability - Legal heirs who inherit property of offender are legally liable for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal against conviction - Since property which came into the hands of wife of accused was admittedly owned by..........
