Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied issuance of cheque, his signature on cheque, on receipt of notice and acknowledgement slip - Complainant did not produce any evidence to prove that signature on these documents were of accused - Complainant failed to discharge his burden of proving his case beyond reasonable doubt -..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Appeal - It is mandatory on part of Trial Court as well as First Appellate Court to impose interim compensation payable by accused persons while challenging case and judgment of sentence in appeal...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to deposit of 20% of fine amount as interim compensation - Release of amount of interim compensation to complainant - Refused on the ground that it will not only cause hardship to accused but also lead to multiplicity of litigation -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Fine/Compensation - Directions to pay compensation in regard to the loss on account of dishonour of cheque should be practical and realistic - In the instant case cheque amount was Rs.7.75 lakhs and a fine of Rs.1,000/- only was imposed - Accused to pay a fine of Rs.10.00 lakhs in addition..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings are quasi civil - All suggestion or question regarding defence of accused must be put up in cross-examination of principal witness of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Supreme Court can transfer case u/s 138 of Negotiable Instruments Act, if it is expedient for the ends of justice...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by `special attorney' appointed by Power of Attorney holder - Power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation - In the instant case company appointed power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Power of attorney holder - Having personal knowledge of the transactions - He has the capacity to depose...........
