Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pending cases - This judgment is applicable to complaints that may be filed after its pronouncement - However, complaints in which recording of evidence has started as envisaged u/s 145(2) of the Act will continue to proceed at the place where it is pending - All other complaints..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 182(1), 184, 220 -- Dishonour of cheque - Offences triable together - If an offence punishable u/s 138 of NI Act committed as a part of single transaction with offence of cheating and dishonestly inducing delivery of property then in terms of S.182 (1) r/w S.184 & 220 Cr.P.C. such offence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Hand loan - No evidence to support hand loan - In view of admission of complainant that his net savings in a year comes to about Rs.10,000/-, it is not trustworthy that complainant was in a position to extend hand loan of a big amount to accused - Order of trial Court acquitting accused restored and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint - Plea of loss of cheque book and that cheque in question is misused by complainant - It is a disputed question of fact which can be decided only after parties lead evidence - Such a question not open for decision in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account prior to issuance of cheque - The net effect is that there was no money in the account on which the cheque was drawn and as a result, the cheque got dishonoured for want of funds to honour the cheque in that account attracting mischief of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account prior to issuance of cheque - Accused in the circumstances of the case may also be guilty of committing another offence for issuance of cheque from an account which already stood closed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Three cheques amounting to Rs.14.75 lakhs dishonoured - Three complaints filed - Trial court convicted accused in each case and sentenced him to undergo RI for two years each - High Court reduced sentence from two years to one year each and ordered sentence in all three cases to run concurrently - High..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Company - Directors - Quashing of complaint - Intimation of notice given by postal department as notice was not claimed - Notice returned with postal endorsement `not claimed' - Averment in complaint that all the applicants are equally responsible for the offence committed by them and they..........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Complaint silent about service of notice - There is presumption of service of notice when it is sent to correct address by registered post - Held, it is not necessary to aver in..........
