Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - Court must ensure that the exemption from personal appearance granted to an accused is not abused to delay the trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - General directions issued by High Court - Held, discretion of Magistrate u/s 205 Cr.P.C. cannot be circumscribed by laying down any general directions in that behalf...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Examination of accused u/s 313 Cr.P.C. - In a summons case, when the personal appearance of the accused has been dispensed with u/s 205 of the Code, a discretion is vested in the Magistrate to dispense with the rigour of personal examination of the accused u/s 313 of the Code as well...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - High Court granted exemption from personal appearance in exercise of power u/s 482 Cr.P.C. - Order set aside - It is discretion of Magistrate whether to grant exemption or not...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Imposition of default sentence - Power of court - Held, it is permissible for the Court to slap a default sentence of imprisonment while awarding compensation u/s 357 (3) Cr.P.C. - But, in that event, a sentence of imprisonment will be inevitable - In the facts and circumstances of this..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 243 -- Dishonour of Cheque - Sending cheque to document expert - There were no material alterations in the form of eraser or over writings or corrections - Plea of accused was that a blank cheque was given as security - Held, question as to whether any authority was given to the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence - Imposition of condition - Legality of - Against cheque amount of Rs.5 lakhs appellate Court has imposed condition of deposit of Rs.1 lakh while suspending sentence imposed by trial Court - Held, it cannot be said that such..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant a chitty company - Accused subscriber of complainant - Chitty prized in favour of accused - Chitty amount availed by accused - Both courts below have concurrently found that dishonoured cheque in question was issued by accused towards discharge of liability due to complainant out of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - There is no dispute with respect to signature contained in cheque in question - Cheque was dishonoured for insufficient fund in the account - Contention of accused that cheque was one among several cheques taken by complainant, when there was cordial relationship between..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Complainant has adduced oral evidence and he has also produced cheque in question from his possession - No convincing explanation from the side of defence as to how cheque in question reached in the hands of complainant - Held, a vague explanation is not sufficient to..........
