Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Production of documents - As per accused original documents were necessary for completing cross-examination of complainant and in absence of those documents, he is unable to complete cross-examination - Complainant himself ready to consider prayer sought out by accused therefore nothing survive for..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - On perusal of record, it is noticed that trial Court has ventured in discussing merits of case on basis of plea taken by accused in application, despite fact that there was no occasion to discuss same at this stage that too in..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - Legislature by using word `shall' in S.145(2) of the Act has casted a mandatory duty upon Court to call witnesses for examination/cross-examination on application of prosecution or accused - Thus, Magistrate failed to consider that..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When accused admits his signature on disputed cheques and complainant discharged initial burden, then presumption u/s 139 of the Act definitely gets attracted in favour of complainant - However, said presumption is definitely rebuttable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Order of acquittal by Courts below set aside - Quantum of sentence - Complaint filed in 2013 and amount became due to complainant after date of notice - Accused utilized said amount till date therefore, some amount granted to complainant above the cheque amount towards interest - Directions issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A creditor can maintain a civil suit and criminal proceedings at the same time - Both the proceedings can run parallel...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit and prosecution u/s 138 of N.I. Act initiated - Both the proceedings can run parallel - Amount found not recoverable on merits by civil Court - Amount cannot be recovered in a prosecution u/s 138 of N.I. Act - Judgment of civil court is relevant in this context to decide as to whether amount..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Presumption - Conviction by trial Court - Acquittal by appellate Court - Notice issued and sent under UCP was served on accused and he has not given any reply though admitting that address mentioned in registered postal covers are correct - Even, evidence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and order declaring accused as proclaimed offender - Petition u/s 482 Cr.P.C. by an accused who is declared proclaimed offender is not maintainable - Accused should first move the Court who had declared him a proclaimed offender and even..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Admittedly, present petitioner neither signed cheque in question nor signed nor witnessed Distributorship Agreement - Even it has not been averred that petitioner was even present at time of signing..........
