Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - To be only for the cheque amount and not for any other amount more than the cheque amount - In the instant case loan amount and cheque amount were the same as such mention of `Loan amount' in the notice is not fatal...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint containing sufficient description of (i) the nature of the partnership; (ii) the business which was being carried on; (iii) the role of each of the accused in the conduct of the business and, specifically, in relation to the transactions which took place with the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Absence of specific allegations how the petitioners participated in the day to day affairs of the company and they are in charge and responsible to the company for the conduct of business - When there is bald and vague allegations, it is not sufficient to make out a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Complainant and his counsel not present in the Court because of wrong noting down of date by counsel - Fact that complainant assailed the order of acquittal of accused on account of his no, appearance before High Court, demonstrates that complainant is serious about..........
Negotiable Instruments Act, 1881, Section 138 - - Appeal against conviction - Suspension of sentence - Appellate Court to order deposit of compensation - In case amount of compensation is heavy, Court can direct deposit of a reasonable amount - In exceptional cases, Court can grant interim protection without requiring deposit of compensation amount...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two complaints filed against petitioner which were identical and in both the cases, two cheques allegedly issued by petitioner - Both the complaints were consolidated and common evidence was led - Petitioner convicted in both the cases - However, in appeal petitioner acquitted in another case - Said..........
Negotiable Instruments Act, 1881, Section 138 - - Consecutive sentence - 11 complaints - Since, accused has committed offence for five distinct transactions, therefore his sentence cannot be made concurrent...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court in its revisional jurisdiction proceeded to decide the complaint itself on merits and convicted accused without deciding the question as to whether Appellate Court was justified in remanding case to Magistrate - High Court committed jurisdictional error in allowing revision - More so,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Re-production of documents for comparing of signatures - Once original documents were produced in preliminary evidence of complainant and opportunity was granted to accused to cross-examine the complainant u/s 145(2) NI Act, then seeking re-production of said documents, more particularly, when those..........
