Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount - Accused was to pay amount as per notice on or before 11.08.2018 - Offence will be complete only after 11.08.2018 - S.143-A of the Act came in the statute book on 01.09.2018 i.e. subsequent to commitment of offence - Impugned order vide which direction..........
Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused sentenced to period of 1 year S.I - However, accused has undergone period of 10 months and 15 days in custody and also suffered agony and trauma of protracted trial - Sentence of accused thus, reduced to period already undergone by him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Accused did not lead defence evidence for six dates - Defence evidence closed by order - Accused was not present on the day his evidence was closed - Trial Court to grant one effective opportunity to accused to lead his defence evidence subject to payment of Rs.25,000/- as..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65B -- Dishonour of cheque - Computer generated invoices - Certificate u/s 65-B of Evidence Act not produced which was incumbent upon complainant to produce certificate as required u/s 65-B of Evidence Act and to examine the Accountant - Merely because in the income tax record, complainant firm has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused neither signatory of cheque nor having account in bank - Accused cannot be punished for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sale transaction regarding sale of three machines - Only two machines delivered - Nothing on record to prove as to against which liability cheque in question was issued - As per documents on record payment of Rs.5 lakhs stood proved - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques in question was signed by accused - Though complainant alleged that co-accused had visited their premises and had promised for encashment of cheques, yet no evidence was led in support of same, which could pave the way for incurring vicarious liability - Complainant failed to prove its case..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Though presumption u/s 139 of the Act will enure to the advantage of the complainant, yet accused can discharge burden by preponderance of probability...........
