Negotiable Instruments Act, 1881, Section 138, 20 -- Dishonour of cheque - Conviction - Validity - Evidence of accused that he gave cheque as collateral security originally and amount was repaid in presence of two witnesses who were not examined - Held, presumption u/s.20 of N.I. Act that once a blank cheque is given, complainant has authority to fill up document, but, at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Dishonour of cheque amounting to Rs.3,75,000 - Petitioner prayed for some leniency as to imposition of sentence - Respondent fairly submitted that no purpose would be served by sentencing him to undergo imprisonment instead Court may direct for payment of money -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Cheque issued for payment of liability of Rs.19,28,000/- in favour of complainant dishonoured - Complainant sent a legal notice to applicant which was received by him - Money was not paid within statutory period of 15 days -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security towards loan advanced - Held, when cheque is issued as security then not only the aspect as to the cheque given as and by way of security is to be seen but what is also to be seen is whether it has been issued in discharge of debt or liability - Accused failed to show that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of proceedings - Complainant/respondent contended that cheque amount, in question, is a legally enforceable debt - Entire transaction between parties itself is based upon an illegal partnership - Held, cheque issued on account of said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Limitation - Statutory notice dated 15.03.2003 came to be served for first time and therefore, cause of action for complainant to file complaint can be said to have been arisen after 15 days from service of said notice and within 30 days thereafter complainant was required to file complaint,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s.139 - Applicant/accused has neither disputed issuance of cheques nor disputed receipt of amount from complainant as alleged nor disputed signatures on cheques - It was not the case of applicant/accused that amounts which was received from complainant have been repaid - Held, when..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Revision against - Accused sentenced to undergo six months' simple imprisonment with fine of Rs.50,000/- - During pendency of revision petition parties have arrived at a compromise and entire cheque amount has already been paid - Held, sentence reduced for period already undergone in prison..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque- Conviction - Revision - Reduction of sentence - Petitioner convicted and sentenced to undergo one year's SI and further to pay compensation to the tune of Rs.8,00,000/- - Entire cheque amount has already been paid by petitioner to respondent - Held, conviction maintained but sentence reduced to period..........
