Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Director individually cannot be prosecuted when proceedings against company are dropped...........
Criminal Procedure Code, 1973, Section 439, Negotiable Instruments Act, 1881, Section 138 -- Bail - Dishonour of Cheque - Accused had preferred an appeal against judgment of trial court and his sentence was suspended by appellate Court - Petitioner had been appearing on every date before appellate Court and he could not appear only on one occasion - Bail granted with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove its status as finance company, as no document was produced to prove such status - Moreover, cheque issued after a year later from the date of advancement of loan amount, which was not believable - Said lacuna is fatal to complainants case - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Order closing evidence of complainant - On the date when accused himself was not present - Not justified and order is hereby set aside - Trial Court is directed that the petitioner be afforded one effective opportunity to lead and conclude his entire evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Failure to prove as diary wherein entries were made was lost - Trial Court committed no error while acquitting accused - Acquittal upheld...........
Suits Valuation Act, 1887 -- Appellant has submitted that since liability involved in suit was claimed by respondent only on bais of dishonour of cheques and in complaint u/S.138 of NI Act, Managing Directory has been acquitted by criminal court, therefore, suit should have been dismissed and claim is not maintainable - Held that claim of plaintiff was not based on..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Anticipatory bail - Dishonour of cheque - Non-bailable warrants - Petitioner was released on regular bail on 24.04.2017 - However on 01.06.2017 he remained absent without any intimation to the trial Court and therefore trial Court forfeited his surety and issued no, bailable..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of revision in High Court - Appellant has wasted public time - Exemplary costs of Rupees one lakh imposed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque procured almost by way of extortion and was not given towards any legally enforceable liability - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of unsold goods - No receipt of these good obtained by complainant - It is also improbable that water purifiers worth Rs.1,45,700/- would be transported in dicky of the car and there is also serious dispute about date on which goods were returned to accused - It is not clear that disputed cheques..........
