Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction - After issuance of Ordinance, 2015, offence u/s 138 of the Act, shall be inquired into and tried only by Court within whose local jurisdiction cheque is delivered for collection through account or branch of bank where payee or holder in due course maintains..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Appeal against acquittal - Dismissal of complaint u/s 138 of the Act - There is nothing on record to show that complainant has advanced amount in question to respondent/accused - Even, no date, month or year is mentioned that when respondent borrowed money - Neither any receipt nor any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Cheque amount paid by accused to complainant and compromise arrived at between parties which is voluntary and without any pressure or coercion - Complainant has no objection if matter is compounded and impugned judgment of conviction and sentence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Merely because complainant opted to file a civil suit for recovery, it cannot be said that he was not legally competent to file a complaint u/s 138 of the Act - Compliant rightly filed by complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused contended that cheque issued as a security cheque - However, said plea was rightly negated by Courts below on appreciation of evidence on record - More so, accused could not dispute the fact that cheque leaf was from the cheque book issued to him by bank - There is nothing on file that accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - First Appellant Court reduced the sentence of 1 year as awarded by trial Court and ordered release of accused on probation - As regarding compensation of Rs.50 lakhs to complainant, first Appellate Court granted substantial relief to accused to make payments in instalments -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Essential ingredient for attracting liability u/s.138 of Act is that the person who is to be made liable should be drawer of cheque and should have drawn the cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for discharge,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Dismissal of application u/s 311 Cr.P.C. - As per evidence on record, case is pending for defence evidence for last 5 years - Even, CW-1 was duly cross-examined by petitioner/accused - Therefore, accused cannot be allowed to recall witness to fill up lacuna,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application by accused for taking his specimen handwriting for comparison with body of cheques in question dismissed - Where accused had given blank signed cheques to complainant then it is obvious that he has himself allowed complainant to fill up same -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction - If proceedings are at the stage of evidence, complaint cannot be transferred to any other Court and has to be continued before the Court where it is pending...........
