Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back with postal endorsement `Not claimed' - Endorsement `Not claimed' neither signed by postman nor by post master - No mention in complaint about the date on which statutory notice was served or at least deemed to have been served - Intimation to collect registered letter not proved..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties which is on record - Held, offence u/s 138 of the Act of 1881 is compoundable in view of compromise...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of case - Accused lodged a complaint, concerning same cheque, with police for offences u/ss 467, 420, 379 and 466 of IPC - Both cases pending in different courts - Held, when there are cross case the same Judge must try both the cases - Case..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Compromise - Compromise arrived at between the parties which is on record - Held, offence u/s 138 of the Act of 1881 is compoundable in view of compromise...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Parties compromised - Compromise executed on ten rupees no, judicial stamp paper, placed on record - Compromise is duly attested by Notary and signatures of parties have been identified by their respective counsels - Accused-petitioner has paid entire due amount to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Accused sought quashing of proceedings by making offer to deposit the cheque amount - Quashing disallowed - Held, Court cannot force complainant i.e. payee of the cheque to enter into a compromise on deposit of cheque amount or the penalty amount by the accused - Court can advise complainant to consider..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cheque drawn in a foreign country on a drawee bank functioning in the foreign country and made payable there - Acts constituting offence committed outside India - Accused cannot be prosecuted in India...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cognizance whether rightly taken - Cheque dated 06.04.2001 and bank account closed on 12.09.1998 - Provision of S.138 of the Act is not attracted in such a situation yet fact whether blank cheque was misused or presented late or that cheque was not issued towards existing liability are to be decided..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 2(g) -- Dishonour of cheque - Magistrate took cognizance and started enquiry - Proposed accused can be examined at the stage of inquiry - Proposed accused is not an accused at that stage - Magistrate at the stage of enquiry can examine any person including proposed accused for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Magistrate recorded statement of witnesses first and then recorded statement of complainant - It is mere an irregularity and not illegality - Not a ground to quash the proceedings or to hold that all proceedings are void ab initio...........
