Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Director of Company - Absence of specific averment that he is involved in day to day affairs of the company - General allegation that applicant is Director of company - Summoning order qua applicant quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties resolved amicably before Mediation and Conciliation Center - Requisite compounding fee had been deposited by accused - Permission thus, granted to parties to compound the offence punishable u/s 138 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Proceedings u/s 138 of the Act can be continued against natural persons i.e. erstwhile directors of accused no.1/company even after passing of order of liquidation by NCLT under provisions of IBC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Complainant cannot be expected to initially lead evidence to show that he had financial capacity, unless a case is set up in reply notice by accused that complainant did not have financial capacity to give loan...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Financial capacity of complainant - Accused has the right to demonstrate that complainant did not have the capacity - Accused can do so by examining independent witnesses and producing documents or by pointing to the materials produced by complainant or by cross examination of witnesses..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Accused has not set up any case that complainant did not have financial capacity to advance loan - There is even no reference in the reply notice as to loss of cheque book or signed cheque leaf as contended by accused - No complaint was given of loss of cheque book or signed cheque leaf..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of fine amount - Provision u/s 148 of the Act requiring accused to deposit 20% of amount of fine in an appeal against conviction is mandatory in nature, as expression `may' as contained in said provision be read as `shall'...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 4 cases - Concurrent running of sentences - When the parties are common and dispute/complaints arise from one common transaction of lease amount, same can be construed as one transaction only for purpose of extending benefit u/s 427 Cr.P.C,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that there is no privity of contract as contended by accused cannot be accepted as accused has already made part payment - Thus, contention of accused that accused is not liable to pay any amount cannot be accepted - Conviction proper...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
