Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused convicted - Compensation not granted to complainant - Once it is proved by complainant that cheque was dishonoured, then it was for trial Court to award compensation to complainant - Sending accused in jail for dishonour of cheque will not serve the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal filed against conviction - Complainant has no objection if judgment and order of conviction and sentence is set aside - Accused acquitted - As applicant`s financial condition is poor but he could manage funds from friends and relatives therefore, applicant..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Plea of giving blank cheque - In a complaint of dishonour of cheque complainant merely has to prove that a signed cheque was given by accused - Whether cheque was filled in by petitioner or by complainant is an immaterial fact - Order rejecting..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Change of counsel not a reason for not rendering document in question earlier - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 165 -- Dishonour of cheque - Case posted for final arguments - Application u/s 311 Cr.P.C. and S.165 Evidence Act for production of documents - Complainant knowingly and as a conscious citizen, participated in the trial - Case is at the fag end of trial as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Complainant was present in Court but she being hard of hearing, could not present herself before Court when case was called, as a result complaint was dismissed for no, prosecution - However, immediately next day..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 91 -- Dishonour of cheque - Source of income of complainant - Recall of complainant - No such suggestion or indication was made while complainant was examined and cross examined - Such application cannot be allowed at a belated stage when case is fixed for final disposal -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 73, 82, 83 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Without a report on service of summons/bailable warrant of arrest was produced before Magistrate - In absence of such report, it cannot be concluded that accused has been evading arrest or..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant closed after giving effective opportunities to accused - Accused deliberately delaying proceedings u/s 138 of the Act - Though, accused can be put to terms for delay occasioned, but cross-examination of complainant is essential for an effective decision - Impugned order..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - Mandate of legislature is trial of such cases in a summary manner - Evidence already given by complainant by way of affidavit is sufficient proof of offence and this evidence is not required to be given again and has to be read during trial - Witnesses i.e. complainant and other witnesses can be..........
