Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellate Court misdirected itself by mixing up all three conditions and not going into merit of the case - It failed to appreciate that S.146 of the Act specifically stipulates that bank slip is prima facie evidence - Even, DW1 categorically admitted the fact that legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Leave to appeal against acquittal - Appellate Court failed to appreciate that there was no proper defence in the light of the fact that amount was received by accused and he had issued a cheque in favour of complainant - Even, in statement u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deliberate delay of proceedings by accused - Trial Court directed to expedite the trial - Directions issued...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Magistrate allowed the prayer of Advocate of accused and dispensed with presence of accused, subject to advocate sign on plea - In case Advocate is willing to sign on plea in that case only such prayer for exemption..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Amicable settlement during pendency of revision filed against order of conviction - Court may proceed to compound the offence while exercising power u/s 147 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - As per complainant, she out of her own volition and without there being any external pressure entered into compromise with accused and in case she gets entire amount, she shall have no objection in setting aside order of conviction - Offence compounded - Conviction set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of NI Act - Cannot be dismissed on the ground of technicality where the cheque has been issued by complainant and same has been dishonoured...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Cheque issued in the name of respondent No.2 - Demand notice issued by respondent No.1 - However, complaint filed by both the respondents - Complaint cannot be dismissed on such technicality...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Non-appearance of accused - Appeal not to be decided on merits without issuing second notice to accused or High Court Legal Services Committee to appoint an advocate or High Court could have taken assistance of amicus curiae - Impugned order reversing acquittal set aside -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Examination of power of attorney as witness - It is not essential that complainant himself to be examined to prove a case u/s 138 of the Act - However, power of attorney who is examined as a witness in place of complainant, should have witness issuance of cheque and money..........
