Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque book from which cheque has been issued belongs to another firm - Even if it is taken that cheque has been drawn by accused, it was not drawn from the account of accused - One necessary ingredient u/s 138 of the Act held, missing - Moreover, record shows that neither..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Cheque signed by no, account holder - There is nothing on record that accused is the same person in whose name cheque book was issued, which means that even if it is taken that this cheque had been drawn by the accused, even then it was not drawn from the account of the..........
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 - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
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 - Merely because in the complaint u/s 138 NI Act, the facts which constitute..........
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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 418, 420 -- Quashing of proceedings - Cheating - Dishonour of cheque - Compromise arrived at between parties outside Court - Matter neither involves any offence of heinous nature nor having any societal impact and dispute has come to an end under..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, 141, Companies Act, 1956, Section 446, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Company under liquidation and entire administration of company taken over by official liquidator - Complainant is not seeking intervention of criminal Court in respect of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal - Does not discharge him from liability - Legal heirs who inherit property of offender are legally liable for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal against conviction - Since property which came into the hands of wife of accused was admittedly owned by..........
