Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Cheque was issued to complainant bearing stamp of company which got dishonoured - Held, at this stage presumption of dishonour of cheques for insufficiency of funds u/s.118 and 139 of the NI Act would have to be drawn against accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Modification - Dishonour of cheque amounting to Rs.25,000/- - Trial Court imposed sentence of fine of Rs.3,000/- in default simple imprisonment for two months and directed Rs.1000/- to be paid as compensation to complainant - Revision against - Held, accused shall pay a fine of Rs.28,000/-..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner filed a statement of accounts in order to prove that he did not have any money transactions with any of proxies of accused - Handwriting and ink in which name is written differs from handwriting and ink in which amount had been written in words and numbers -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Three cheques issued by petitioner/accused to re-pay borrowed amount were returned unpaid with endorsement `account closed' - During pendency of revision petition, petitioner/accused paid a sum of Rs.4,94,000/- by way of demand draft in favour of complainant for balance due on..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint filed against petitioner with mala fide intention and oblique motive to unnecessarily harass him - Complainant failed to appear in the case in spite of service of notice upon him twice - Held, entire proceedings liable to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Amount involved in dishonoured cheque was Rs.9,00,000/- - Trial Court imposed a fine of Rs.100/- on first accused and directed second accused to pay compensation of Rs.1,00,000/- to complainant - Held, since complainant has established his case against second accused, therefore,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Propriety - Allegation that cheque issued by accused/respondent towards repayment of loan dishonoured - Failure of complainant/appellant to produce income tax returns containing loan transaction - Held, as per settled position of law, when income tax assessee fails to produce income tax..........
Negotiable Instruments Act, 1881, Section 138, 142, 420, 482 - - Dishonour of cheques - Cheating & criminal breach of trust - Quashing of - First element of deception constituting an offence of cheating is lacking as nowhere allegations made in complaint do indicate about complainant being deceived by petitioner in any manner - None of ingredients required to constitute..........
Negotiable Instruments Act, 1881, Section 138 -- Criminal Procedure Code, 1973, Ss.200, 202 - Dishonour of cheque - Issue of process - Magistrate considered not only the examination of complainant made u/s 200 of Cr.P.C., but also the relevant documents and then issued the process - Legality of - Held, in a case like present one, the other provisions like provisions of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision - Respondent/complainant has specifically stated that legal notice was issued on petitioner/accused - In support of his contention, he has produced a copy of legal notice along with postal acknowledgement - Courts below have concurrently found that legal notice was properly served..........
