Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to - Analysed - (1) High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints u/s 138 of the Act from summary trial to summons trial; (2) Inquiry shall be conducted on receipt of complaints u/s 138 of the Act to arrive at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Disputed questions of fact i.e whether petitioner was Director or Authorized Signatory of accused company or petitioner's employment with accused/company was confined to maintenance of accounts, whether or not cheque in question was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2) -- Dishonour of cheque - Dismissal of complaint in default - Non-bailable warrant issued against accused to secure his presence - However, warrant was not at all executed, nor cancelled and same is in force - Therefore, question of taking further steps and dismissing complaint for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by accused without name of payee which complainant himself filled up and presented in bank for encashment - Cheque amount was payable in terms of a written contingent agreement copy of which is of course not exhibited, in the event of performance of function by artists through one..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to FSL - To determine age of ink and writing of cheque - Accused not denied his signatures on cheque - Even, accused had not taken any plea that writing of cheque was in different ink - Accused could not give any plausible reason for sending cheque in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Compensation in lieu of sentence - Accused handed over two demand drafts of Rs.7,41,000 in favour of complainant as compensation as he offered to pay twice the cheque amount as compensation in lieu of sentence of imprisonment of one year and Rs.9,000 towards cost of proceedings - Complainant..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Case put forward by accused is more believable and that it cannot be believed that complainant had lent a sum to a person whom he has seen only from tyre shop, when accused came to purchase tyres - It has come out during cross examination that complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - No finding that complainant was not pursuing complaint honestly and diligently and there is no reference to previous history with regard to conduct of complainant causing unnecessary delay on account of adjournments sought..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Accused successfully created doubt against the story put forth by complainant that complainant had given a sum of Rs.12.80 lakhs to the accused by making payment through instalments - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused is a woman and a senior citizen - She has already deposited fine amount of Rs.9 lakh - Considering age of accused and fact that fine amount has already been deposited by her in full, sentence of accused modify to fine of Rs.9 lakhs...........
