Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Loan - Plea that accused with her husband approached complainant for loan - Husband of accused missing from last so many years - Accused was in school at Gangrar from 10.30 am to 4.30 pm, on the date of advancing loan, therefore it is not believable that she approached..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(1)-- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.20,000/- - Pre condition of depositing part of compensation cannot be imposed while exercising power u/s 389(1) Cr.P.C. - Condition of depositing..........
Negotiable Instruments Act, 1881, Section 138, 142A-- Dishonour of cheque - Territorial jurisdiction - Cheque presented and dishonoured at Rohtak - Merely because cheque was issued from Bank at Chennai, it will be tortious to call upon complainant to file his case at Chennai - Thus, Court at Rohtak has territorial jurisdiction to try criminal..........
Negotiable Instruments Act, 1881, Section 138, 142A-- Dishonour of cheque - Amendment of S.142-A of the Act w.e.f. 15.06.2015 - Amendment is retrospective in nature...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 421(1)-- Dishonour of cheque - Conviction - Order to pay compensation with default clause to undergo imprisonment - Compensation not paid and default sentence undergone - Held, even though default sentence has been suffered, yet compensation is recoverable in the manner provided u/s 421(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Appeal against acquittal - Appreciation of evidence - Complainant specifically stated in cross examination that accused filled cheque in his own writing and delivered same to him on different date but writing over cheque can be judged from naked eye that name of complainant..........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Challenge to order taking cognizance and quashing of complaint - Factual matrix of case - Can be decided by trial Court and not by way of criminal misc. petition - Petition disposed off with direction to petitioner to take these objections before trial Court...........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Notice - Demand of additional amount - Additional amount mentioned in notice severable from the demanded amount of dishonoured cheque - Notice cannot be said to be invalid...........
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Plea of discharge of loan but specific dates when loan was discharged not given - Accused did not explain as to under what situation and circumstances the cheque on presentation was dishonoured - Acquittal set aside - Accused sentenced to undergo SI for one month...........
Negotiable Instruments Act, 1881, Section 138, 141-- Dishonour of cheque - Issuance of process - Prima facie role of petitioner established on record and Magistrate issued process, as there is sufficient ground to proceed with case - Actual involvement of petitioner can only be ascertained after taking evidence and not at this early stage - There is..........
