Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Issuance of process - Prima facie role of petitioner established on record and Magistrate issued process, as there is sufficient ground to proceed with case - Actual involvement of petitioner can only be ascertained after taking evidence and not at this early stage - There is no reason for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards chit transaction - Parties admitted that cheque was not issued towards any legally enforceable debt - Thus, no offence u/s 138 of the Act is made out - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Petitioner admitted that cheque bears his signature - There is thus, no dispute with regard to signature - Moreover, petitioner already got himself examined as DW - Matter is at the stage of final arguments - At the belated stage to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Since petitioner did not appear thereafter offence u/s 174-A IPC was registered against him - Issuance on no, bailable warrants - Anticipatory bail - Looking to nature of prosecution against petitioner u/s 138 of NI Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - As matter between parties have been compromised therefore, judgment of conviction and order of sentence is hereby set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served upon receiver - Notice sent for the second time - Time will start running from the actual receipt of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Notice issued for the second time and notice served - Complainant could have filed the complaint on the basis of first notice which was returned with endorsement of postman regarding non availability of receiver - However, when due diligence was taken by issuing notice for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Complainant is entitled to send a fresh notice within stipulated period...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compromise - Accused acquitted - On failure to pay the agreed amount, within time granted, accused shall be proceeded with for contempt, in addition to other proceedings, in accordance with law...........
