Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Cheque issued by accused to repay amount of loan got dishonoured - Defence of accused that he had given cheque to one `G' to purchase motor cycle - However, said `G' was not examined by him - Held, accused liable to be convicted - Since matter relates to year 2002 and already ten years have passed from..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complaint - Re-summoning of defence witness - Only one opportunity was given to petitioner/accused to lead defence evidence - Petitioner took steps for examining defence witness - Witness was present but defence counsel was not available due to illness -..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Complaint - Trial - At stage of serving notice u/s.251 Cr.P.C., except questioning him and recording his answer, till stage of listing case for final arguments, accused has not been given any opportunity to explain what defence he has to make for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Compromise between parties - Held, in view of the fact that offence u/s.138 of N.I. Act is compoundable in nature, compromise between parties is accepted and offence is allowed to be compounded - Impugned Judgment and Order of conviction set aside - Petitioner acquitted -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326(3) -- Dishonour of cheque - Acting on the substance recorded by predecessor - Not permissible - But only when case was tried as a summary trial and not when procedure followed was of a summons case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Husband issued cheque from a joint account of husband and wife - Wife not drawer of cheque - Process issued against wife quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Held, wherever a cheque is given purely as a security its dishonour would not make drawer of cheque criminally liable for an offence u/s.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance of offence - Legality - Cheques issued by borrower in Factoring Agreement got dishonoured - Prima facie, same were towards petitioners' liability which was co-extensive with debtor - At this stage, it cannot be said that cheques issued by petitioners were only towards security - Held,..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Quashing of proceedings - Cheque issued on behalf of firm got dishonoured - Cheque in question signed by one Mr.'C' - Petitioner No.1 neither signed cheque nor is proprietor of firm - Held, petitioner No.1 cannot be held liable for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque presented at place `A' and information of dishonour received at place `A' - Held, Court at place `A' has jurisdiction...........
