Negotiable Instruments Act, 1881, Section 138, 118, Evidence Act, 1872, Section 34 -- Dishonour of cheque - Loan by Commission Agent - Bahi entries - Such entry not negotiable instrument - Entries alone not sufficient to charge a person with liability as entries in the ledger/bahi entries are not per se admissible - Complainant being commission agent was in a dominating..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 302, 256 -- Dishonour of cheque - Death of complainant - Impleadment of L.R's - In a summon case, upon death of complainant Court can permit LR's to continue compliant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revision against conviction - Imposition of condition of deposit 1/4th of cheque amount while admitting revision - Said condition was in addition to fine which accused had already remitted - Condition imposed by High Court at this stage not warranted - Interim direction issued by High Court for deposit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Documents - Mode of proof - An objection to the mode of proof of a document can be taken at the stage of trial only...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - Accused probabalised her defence - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert - Seeking opinion of handwriting expert is right to defend - Any order rejecting such request to refer any document for examination by an expert for his opinion which is a step in aid of his defence amounts to the deprival of the right..........
Criminal Procedure Code, 1973, Section 482, Electricity Act, 2003, Section 135, 138, 152 -- Quashing of FIR - Offence u/ss 135, 138 Electricity Act - As S.138 of Electricity Act can be compounded u/s 152 of Electricity Act and petitioner pursuant to the direction by this Court has deposited the amount - Moreover, it is not in dispute that impugned FIR is the first FIR..........
Criminal Procedure Code, 1973, Section 202(as, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Effect of amendment on NI Act - Magistrate is not mandatorily required to comply with provisions of S.202(1) Cr.P.C. before issuing summons to accused residing outside territorial jurisdiction of Magistrate concerned...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Two complaints u/s 138 of N.I Act - Parties are same in both the cases - Both complaint cases were decided on same day - Sentence qua imprisonment in both complaints in question to run concurrently - However, sentence required to be undergone by accused in..........
