Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque if issued as an advance payment for purchase of goods and for any reason purchase order is not carried to its logical conclusion then cheque cannot be held to have been drawn for an existing debt or liability - Payment by cheque in the nature of advance payment indicates that at the time of drawl..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife cannot be proceeded with for the offence u/s 138 of the Act - Proceedings against wife quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Capacity to advance loan - As per Income tax return declared income was not sufficient to give loan of Rs.3 lakhs - Defence raised by accused satisfies the standard of `preponderance of probability' - Judgment of acquittal passed by trial Court confirmed and judgment of conviction by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - Cannot be said to have been proved without examining Bank official/clerk - Complaint against accused remains unproved - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Quashing of summoning order - Accused summoned on the basis of affidavit of power of attorney holder - Power of attorney not witnessed transaction or possess due knowledge regarding said transaction - Power of attorney could not depose and verify on oath - Order taking cognizance set aside - Matter..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused already handed over amount ordered to be paid by Court to complainant - Offence in question liable to be compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - Accused has no probable defence for which complainant must be recalled and he must be granted leave to cross-examine complainant - Merely vague statements have been made in application to somehow try and fit the case within scope of S.145(2) of N.I.Act -..........
