Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque for expert opinion - Application u/s 45 of Evidence Act cannot be allowed as a matter of course - There must be some material before Court to satisfy itself to refer the cheque for expert opinion - Defence of accused is yet to be established before Court..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert - Undated letter purportedly written by accused was sought to be exhibited by complainant - Objection was raised by accused and made a application that letter be sent to a handwriting expert - However, issue might become clearer after examination of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Ten dates were fixed for accused to adduce defence evidence - Accused did not produce any witness and kept on praying for adjournment - They kept on protracting the proceeding - Trial Court justified in closing defence evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused during pendency of appeal filed by complainant against order of acquittal - Appeal abates on death of accused - Application for substitution of L.R's of deceased accused rejected...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Self cheque issued by drawer without endorsement attracts S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Time barred debt - Quashing of summoning order - Whether transaction is time barred or not has to be considered only after trial not at preliminary stage or at the time of taking cognizance - Petition for quashing held, dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Issue involved between parties needs full fledged trial - Grounds urged before Court by accused can be raised before trial Court during course of trial and sitting u/s 482 Cr.P.C, Court cannot quash the same - Moreover, Magistrate..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Complainant has no objection if prayer of petitioners for being allowed to be represented u/s 205 Cr.P.C at time of recording of plea and examination of accused u/s 313 Cr.P.C. - Impugned order set aside - Directions..........
Criminal Procedure Code, 1973, Section 427, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Conviction in 8 cases u/s 138 of N.I. Act - Substantive sentences in all the eight cases shall run concurrently - However, default sentences shall not be affected...........
Criminal Procedure Code, 1973, Section 216, 217 -- Addition of charge u/s 420 IPC - Dishonour of cheque - Entire complaint was for dishonour of cheque which was issued by accused against loan taken from complainant - Charges u/s 138 of N.I. Act is made out against accused - There is no specific averment in the complaint itself that such loan was availed by accused on..........
