Negotiable Instruments Act, 1881, Section 138, 142, 147 -- Dishonour of cheque - Compounding of offence - Cheque amount though was Rs.60,000 out of it a sum of Rs.50,000 already paid by accused to complainant before institution of complaint - Complaint filed only with regard to remaining amount of Rs.10,000 - Joint application u/s 142 of the Act filed by parties with a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence u/s 138 of the Act is committed at the time of dishonour of cheque by bank from which the cheque is drawn...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Vicarious liability - Company officials concerned can be arrayed as accused in a complaint only if such person was in charge of and responsible for conduct of business of company at the time of offence was committed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Failure to prove that cheque was issued towards a legally enforceable debt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Compliant filed before expiry of 15 days - Cannot be treated as legally constituted complaint in the eyes of law - Proceedings initiated on the basis of such pre-mature complaint liable to be quashed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Provision of S.141 of the Act refers to company and has no application in relation to dishonour of cheques issued by proprietary concern...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Complaint against proprietor without impleading firm as party - Complaint is maintainable as proprietor himself is liable to pay amount of cheque as accused and complainant were having business transaction and cheque issued by accused (proprietor of firm) is in furtherance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Plea that accused with her husband approached complainant for loan - Husband of accused missing from last so many years - Accused was in school at Gangrar from 10.30 am to 4.30 pm, on the date of advancing loan, therefore it is not believable that she approached complainant for borrowing the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(1) -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.20,000/- - Pre condition of depositing part of compensation cannot be imposed while exercising power u/s 389(1) Cr.P.C. - Condition of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 421(1) -- Dishonour of cheque - Conviction - Order to pay compensation with default clause to undergo imprisonment - Compensation not paid and default sentence undergone - Held, even though default sentence has been suffered, yet compensation is recoverable in the manner provided u/s..........
