Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Neither accused confront complainant with copy of notice nor accused filed a copy of it along with the statement u/s 313 Cr.P.C. - Even, accused does not send any reply notice to statutory demand notice nor issued directions to his bank to stop payment - Moreover, accused fail to discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan amount of Rs.30 lakhs - Such loan disclosed in the Income Tax returns - Plea of taking loan of Rs.10 lakhs and that plea of repayment of the same - However, no material to show return of said sum to complainant - Though accused can discharge burden by preponderance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act creates an offence and prescribes punishment - Procedure for investigation of offence is not contemplated...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Cheque issued by Director and Executive Director of company - Company was not arraigned as a party and only individuals are arraigned as party - No statutory notice was issued as against petitioner - Petitioner was implicated by filing a petition u/s 319 Cr.P.C and same was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant not placed on record that accused was residing in village `S' at time of alleged advancement of loan to him - Even, there is nothing on record to prove that complainant knows much about accused nor he has any written acknowledgment regarding lending to accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Legally enforceable debt - Complainant miserably failed to prove if cheque issued against discharge of any enforceable debt or liability - Moreover, preponderance of probabilities lies completely in favour of accused - Further, the case of complainant is required to rest on..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Leave to file appeal - Dismissal of complaint on the ground that complainant filed complaint before the Court not having territorial jurisdiction to entertain complaint - Delay of 100 days in refiling of complaint - Fact that appellant had not physically collected said complaint would not extend..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled and joint memorandum of compromise signed by parties has been filed - Offence u/s 138 of the Act stands compounded u/s 147 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Four opportunities granted but accused neither taken any steps nor produced evidence in defence - However, to meet the interest of justice and to give a chance of a fair trial to the parties, one opportunity is granted to lead defence evidence subject to cost of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Allowed - Conviction set aside - Prayer for lesser amount of compounding fee instead of 15% of cheque amount - Accused directed to deposit compounding fee of Rs.1000/- instead of 15% of cheque amount...........
