Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Matter is not decided on merits after hearing both the parties - It is desirable that matter should not be disposed of on technical ground and in haste - Ends of justice would be met if matter remanded to trial Court - Matter held, remanded to trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant has right to file and maintain separate complaint for dishonour of each and every cheque on failure to make payment by payer after receipt of notice u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219, 220 -- Dishonour of five cheques - Two complaints - Joint trial - Liability of accused in both the cases is different in nature as in one case cheques are stated to have been issued to discharge debt of financial assistance provided by an individual, whereas, in another case cheques..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director - Plea that it is not stated the exact role of petitioner in the conduct of business of company - It is always open for the petitioner to substantiate his assertion that he was not responsible for the conduct of the business of the company by leading evidence which should be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of bank manager - Details summoned through bank manager is very much essential for arriving at a just decision in case - Trial Court justified in allowing the application...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Bank Managers on one hand specifically deposed that no such bank account was opened and maintained in their bank - While on other hand cheque issued was returned with remark `Account Frozen' which presuppose that an account existed - Matter needs to be taken into consideration..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is not mandatory in all cases as word used in the provision is `may' - However, if order is passed then payment is mandatory...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount as interim compensation - Magistrate who is hearing application for interim compensation should apply his mind, record his reasons in exercise of his discretion, as to why 20% of cheque amount is to be granted as interim compensation in any given case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque number has been wrongly mentioned is of no relevance, as it is typographical error and thus, cannot be reason for quashing of proceedings...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Merely stating that accused is a poor lady would not exempt her from making said deposit - Moreover, nothing on record prima facie to show that accused is a poor lady - No interference warranted in impugned order of directing..........
