Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - To constitute offence u/s 420 IPC fraudulent or dishonest inducement on the part of the accused must be at the inception and not at a subsequent stage - When the post dated cheques were issued the accounts were operative - Even assuming that the..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Accused borrowed money and issued two cheques - Two options were available to complainant to either get the cheques encashed or in the alternative to get plot of 100 square yards - Subsequent to the bouncing of cheques complainant did not avail of second option - Held, as there was..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - Initiation of proceedings u/s 138 of the Act - Initiation of separate proceedings u/s 420 IPC for the offence of cheating is maintainable as it does not amount to double jeopardy...........
Indian Penal Code, 1860, Section 406, 420, 120B, Negotiable Instruments Act, 1881, Section 138 -- Loan money - Cheque issued for return of loan - Petitioner alleged to have persuaded complainant to give loan in question to accused No.1 and loan so given misappropriated by accused No.1 - Nothing stated against petitioner - Proceedings against petitioner quashed...........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held,..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- `Alteration in date and drawer's signature differ' - Cheque dishonoured - Accused can show that alteration in date or signatures are made not because of insufficiency or paucity of funds - If accused shows that in his account there were sufficient funds to clear the amount of cheque at..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Post dated cheque - Bank informed that there is no amount in the account of drawer - Drawee filing FIR with police and offence u/s 420 IPC registered - Held, merely because the ingredients of an offence u/s 138 of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of Cheque - Post dated cheque - No amount in account when cheque presented - FIR u/s 420 IPC lodged - Held, there is no bar to prosecute a person for an offence of cheating - Proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420 -- Dishonour of cheque - Insufficient funds - Offence is covered u/s 138 NI Act - Provision of Section 420 IPC is not attracted unless mala fide intention of the person issuing the cheque is established - Dishonest intention and misrepresentation are to be specifically indicated to..........
