Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Question of jurisdiction of Court - When question of jurisdiction to be decided, said challenge should be raised before same Court and said Court has jurisdiction to decide question of jurisdiction and question of jurisdiction never be a subject matter of challenge in a writ petition...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In prosecution u/s 138 of the Act, complainant is primarily concerned with recovery of money and conviction of accused serves very little purpose...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Accused have made payment of entire cheque amount at very initial stage of proceedings - Complainant cannot be allowed to take undue advantage on basis of technicalities - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of cheque number - Cheque number was wrongly mentioned in complaint due to bonafide typographical mistake - Trial Court rightly allowed amendment of complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of proceedings u/s 14 of Insolvency and Bankruptcy Code (IBC) does not bar the proceedings u/s 138 of N.I Act, as proceedings under IBC are civil in nature and proceedings u/s 138 of N.I. Act are criminal in nature...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 220 -- Dishonour of cheque - Issuance of two cheques on purchase of product on credit - Two notices issued but single complaint filed - Offences that are committed as part of the same transaction can be tried jointly as per law laid down by Supreme Court wherein it is held that where..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money was advanced on the basis of negotiable instrument which certainly falls within meaning of word loan - It does not fall within meaning of business of advancing money - Trial Court committed error in non-suiting complainant on the ground that complainant is a money lender and prosecution u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Complainant proved the ingredients for offence u/s 138 of the Act - There is due compliance about issuance and service of notice - Accused tried to take defence of re-payment of loan amount, however, he could not substantiate it - Since complaint is pending since 2011, accused convicted for..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Appellate Court suspended sentence till disposal of main appeal on a condition of depositing 20% of the compensation amount - Extension of time - Reason for non deposit due to ill health of petitioner's son - Direction issued to deposit 20% of cheque amount instead of 20% of compensation amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of blank signed cheque would not absolve accused from liability - However, holder of cheque in due course cannot fill the amount more than he is entitled...........
