Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256-- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138 of Negotiable Instrument Act, and even if he is taken to have been..........

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374, 378, 372-- Dishonour of cheque - Appeal against acquittal - Complainant can approach High Court taking recourse to provision of S.378(4) of Cr.P.C. - Appeal preferred by complainant before Sessions Judge taking recourse to proviso to S.372 of Cr.P.C. will not be maintainable - But, if victim is different..........

Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Presumption - Appeal against acquittal - There is no evidence that complainant advanced amount to accused and accused indebted to complainant for said amount - Moreover, as per complainant, accused executed promissory note but there is no such promissory note on record to..........

Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appeal u/s 372 Proviso Cr.P.C. before Sessions Judge is not maintainable - Only remedy available to complainant is to seek special leave to appeal before High Court u/s 378 Cr.P.C...........

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372-- Proviso, 378(4) - Dishonour of cheque - Acquittal of accused - Order of acquittal cannot be challenged by way of an appeal u/s 372 Proviso Cr.P.C. before Sessions Court - Remedy of complainant is to file an appeal to High Court with Special Leave u/s 378(4) of the Code...........

Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Cheque issued towards repayment of loan which was given to accused about 7 years ago - Complainant failed to identify the accused - Admittedly, son of complainant and accused were having business dealings and it was possible that..........

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 378(4)-- Dishonour of cheque - Dismissal of complaint in default - Said dismissal amount to acquittal of accused, and therefore, appeal and not revision lies u/s 378(4) Cr.P.C...........

Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Complaint u/s 138 of the Act - In the instant case, accused issued 3 cheques to purchase vehicle from complainant - Out of 3 cheques only 1 cheque was honourned by making cash payment and other 2 cheques were dishonoured - As per accused, he has..........

Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - No document to show any loan transaction - Complainant also not proved his capacity to give such a big loan - Even if complainant had collected the money from his grandmother and relatives, then why he has given such a huge amount to accused without obtaining any security..........

Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Enhancement of sentence - In the instant case, accused is not imprisoned but only sentenced to pay fine of Rs.2 lakhs and in default, to suffer S.I. for 3 months for dishonour of two cheques amounting Rs.1 lakh each - As per S.138 of the Act, it is..........