Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Magistrate taking cognizance on the basis of affidavit filed in support of complaint - Held, no illegality has been committed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Parties have settled the dispute amicably and cheque amount is already paid by applicant to respondent No.2 - Applicant has also deposited a sum of Rs.10,000/- with State Legal Services Authority - No objection in permitting applicant..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65, 66 -- Dishonour of cheque - Notice - Proof of - Office copy of statutory notice - Original notice issued by complainant and received by accused in possession of accused persons - Notice to produce original is not required when the document is itself a notice - No objection can be taken to the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 177, 178 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2 lacs - Trial court imposed fine of Rs.4 lacs without awarding imprisonment - High Court enhanced fine to Rs.6 lacs - Matter remained pending for adjudication for 14 years - Complainant an old lady - Amount of fine increased by further 2 lacs without awarding jail sentence - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque taken as advance - Cheque not issued for discharge of any debt or liability legally recoverable - Accused is not liable for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - When sentence does not form part of fine then Court is competent to order for compensation - When fine is imposed then Court is competent to order for payment of compensation the whole or any part of fine to the complainant...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise reached between parties after pronouncement of judgment - Petitioner did not have a chance to move application before trial Court - He has availed chance before High Court - Held 15% interest should not be demanded from petitioner - However, considering fact that..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Cheque issued for supply of diesel - Payment stopped raising dispute about quality of diesel - Complaint filed u/ss 420 etc. IPC and u/s 138 NI Act - Accused summoned u/s 420 IPC only - Summoning order quashed - No offence of cheating made out - Complainant has remedy u/s 138 Negotiable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Insufficient funds' - Accused purchased pesticide and issued cheque - To prove this complainant proved on record copy of account book maintained by the complainant - Presumption can well be drawn that cheque was issued in discharge of legally enforceable debt - Conviction calls for no interference...........
