Negotiable Instruments Act, 1881, Section 143A, 138 -- Direction to deposit 20% of cheque amount - S.143-A of the Act can be applied or invoked only in cases where offence u/s 138 of the Act, was committed after introduction of S.143-A of the Act in statue book w.e.f 1.9.2018 - Since the case is pending for the last three years as such S.143-A of the Act is not applicable,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Where presence of complainant on particular day was quite unnecessary then resorting to step of axing down complaint may not be a proper exercise of power - Discretion must therefore be exercised judicially and fairly without..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Acquittal of accused - Accused was also absent on the particular day - Magistrate should not have resorted to axing process, particularly when accused was also not present on that date and therefore, he could very well have..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint - Restoration of complaint - It appears that despite the complainant having taken all measures within his power person representing him did not file the process fee for issuance of summons and did not appear for the complainant on date of dismissal of the petition - Dismissal of..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Recall of PW1 - Complaint u/s 138 of N.I Act - Grounds for recalling PW1 not mentioned in the application - Complaint u/s 138 of N.I Act pending since 2010 and witnesses of complainant already been cross-examined in 2017 - Application filed by accused appears to be totally..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Issuance of cheques and Memorandum of understanding are not disputed by accused - Sale consideration aspect pales into insignificance as cross-examination of complainant in respect of MOU is inconsequential and accused has not led any evidence to show that MOU was obtained under..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application by accused for sending receipt to handwriting expert allowed by trial Court - However, despite repeated opportunities accused failed to take steps for sending documents - Closure of defence of accused held not proper especially when order allowing application..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived between parties - Conviction set aside - Accused acquitted - Plea for exemption to pay 15% of cheque amount as compounding fee - As accused has arranged amount of compensation to be paid to complainant with great difficulty by borrowing the same from his nearer and dearer..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Summoning of accused - Settlement arrived at between parties at the stage of issuance of summons itself - There is thus, no necessity of imposing cost as per Damodar case... - Summons issued to accused shall stand quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Specific allegations that applicant is director of accused/company along with other accused and they are collectively involved in core functioning of company including all its major decision making - Whether applicant was playing active role in day to day affairs of company at..........
