Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought to change the name of accused from "Managing Director, ABC Ltd....." to "ABC Ltd... through Managing Director..." - Order allowing amendment upheld...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Alteration without consent of party to the negotiable instrument makes instrument void against anyone who is party to such a negotiable instrument at the time of making such alteration - However, where alterations are made in the cheque and drawer signs over it, that would..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Signature of accused over date column - Accused never denied his signature above the date column of cheque - Trial Court rightly observed that accused acknowledged correction of the date i.e. year of cheque - Alteration does not disentitle complainant from negotiating the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Cheque presented and dishonoured at place `B' - Compliant filed at place `T' - Offence u/s 138 of the Act can be tried by Court within whose jurisdiction the branch of the bank where payee maintains the account is situated, if cheque is delivered through an account - Cognizance taken..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transaction in between complainant and A-1 - Accused A-3 was not a party to the said transaction - In the absence of any legally enforceable debt against A-3, cognizance of offence taken by Magistrate against A-3 for offence u/s 138 of the Act, is impermissible - Proceedings against A-3 quashed...........
Negotiable Instruments Act, 1881, Section 138, 29 -- Dishonour of cheque - Loan borrowed by father of accused - Father died prior to filing of complaint - Accused/son agreed to repay the loan and issued two cheques - Accused being legal representative of father is liable to repay the loan to complainant - Complaint is maintainable and accused is liable for punishment u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Loan borrowed by father of accused on 07.03.2003 - Father died prior to filing of complaint - Accused/son agreed to repay the loan and paid Rs.10,000/- in cash on 10.06.2005 and subsequently in 2006 issued cheque to discharge liability of his father - Once the amount was..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have amicably settled and resolved all their disputes - There is no legal impediment in compounding of offence - Conviction and sentence set aside subject to condition that accused shall deposit 10% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Grant of interim compensation is a discretionary power of Court - Order has to be based on reason and logic...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court has to spell out the reasons for grant of interim compensation in favour of complainant and it has also to justify its order with reasons the quantum of interim compensation that is being awarded by it...........
