Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Plea that cheque got dishonoured on 14.02.2000 and notice was issued on 11.03.2000 therefore notice was time barred - Plea held, not tenable as dishonour of cheque was communicated to accused on 26.02.2000 and as such notice was within time - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Plea of accused that sentence can be modified by enhancing compensation - Plea held, tenable therefore, sentence of accused modified by setting aside sentence of imprisonment and by enhancing the compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - - Case was listed for service of accused and on that particular day personal presence of complainant was not necessary, particularly when he engaged counsel to represent him - Complainant continued himself to be..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401, 482 -- Dishonour of cheque - Compromise - High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant...........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Application for leading additional evidence allowed - Dishonour of cheque - Complainant is in business of manufacturing and selling vehicles and their spare parts - During process of business, accused issued 20 cheques and same got dishonoured by bank - Evidence sought to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed before expiry of 15 days from the date of service of notice - Not a valid complaint - Cause of action must have accrued to the drawer on the day complaint is filed - It makes no difference that period of 15 days passes by after the complaint is filed - Proceedings..........
Evidence Act, 1872, Section 137, 138 -- Cross-examination - Specific suggestions were given by PWs during their cross-examinations, but those suggestions were denied by witnesses - Mere suggestion in cross-examination unsupported by defence evidence has no evidentiary value...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Cheque in question was drawn and given by accused to complainant as a security - Vouches acknowledgment on record shows that principal and interest amount was repaid and received by brother of complainant - Trial Court rightly held that on the date of presentation of subject cheques,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Non executive Directors - In absence of any further averments as to their role in the company at the time of commission of offence, presumption u/s 141 of the Act cannot be raised against them - Summoning order and proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of revision - Application for suspension of sentence filed as an afterthought to blame earlier counsel against whom no complaint is lodged - Accused was neither taken into custody after passing of judgment..........
