Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Alteration in date of cheque - Accused produced Xerox copy of cheque wherein bank seal is visible - That itself disclosed that after bouncing of cheque it was xeroxed and it is evident that when cheque was issued, it was already tampered as the date was altered and it was within knowledge of accused - A..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compliant by power of attorney holder - Such power of attorney holder or legal representative should have due knowledge about the transaction in question - Power of attorney holder accountant of complainant and working under him - Under such circumstances, his knowledge itself is presumed and that has..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Prayer to call for a copy of newspaper from the publisher - Every original piece of daily newspaper is believed to be in possession of different subscribers including the accused who asserts that particular information was published in the particular newspaper..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused either throughout or at any particular stage of such proceedings in a summons case, if Magistrate finds that insistence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205, 317 -- Dishonour of cheque - Exemption from personal appearance of accused - Magistrate has judicial discretion to dispense with personal appearance of an accused - Trial Court directed to proceed in complaint without seeking personal appearance of accused subject to conditions that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account blocked as there was conflict amongst partners - Complaint not quashed on this ground as it can be decided during trial only as to whether there was sufficient balance in the account to pay the cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Handing over of cheque by way of security per se would not absolve accused from discharge of liability arising from cheque...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without hearing accused - Impugned order set aside - Matter remanded...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - When accused does not plead guilty, he does not automatically become liable to pay 20% of cheque amount as interim compensation - Court has to record reasons for determining quantum of compensation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Expired cheque - Cheque presented to bank within six months of cheque date - However, same was presented to payee bank after six months of cheque date - No criminal liability u/s 138 of the Act is attracted...........
