Legal Services Authorities Act, 1987, Section 21, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Award of Lok Adalat - Quashing of - Plea of complainant that said award for repayment of cheque amount has not been complied by the accused - Since award of Lok-Adalat has all trappings of civil Court it cannot be set aside or put..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made before presentation of the cheque - It should be endorsed and claim should be limited to the extent of liability - If inspite of part payment demand notice is issued of the entire amount of cheque and prosecution is launched for the entire amount then no offence u/s 138 of the Act is..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of the Act does not bar another complaint u/s 420 IPC as ingredients of S.420 IPC and Section 138 Negotiable Instruments Act are distinctly different and operate in two different spheres...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - All accused residents of Delhi - Negotiations and discussion between parties took place at Delhi - Cheque issued at Delhi - Held, Court at Delhi has jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheques issued against loan for purchase of lorry - Bank subsequently seized vehicle and sale proceeds adjusted against loan - Dishonour of post dated cheques - No offence u/s 138 of the Act is committed - Once the financier exercises the option of seizure of vehicle, post dated cheques..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused convicted and sentenced - Parties compromised in revision - Accused deserves to be dealt with leniently in the matter of sentence - Order of sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques amounting to Rs.11.95 lacs - Cheques issued for repayment of advance as the accused did not wish to sell the shop earlier agreed to be sold - Money advanced without any receipt or agreement of sale - Huge money advanced without any receipt is not believable - Accused proved that cheques are..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Director - Notice - Requirement - Complainant has not issued notice to petitioner calling upon him to make payment within 15 days - Held, it cannot be held that petitioner had committed an offence punishable u/s 138, as..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Complainant failed to prove beyond reasonable doubt that debt was legally recoverable on the date of the cheques in question - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal in default - Restoration - Court had already taken cognizance, summoned the accused, framed the charge and complainant filed his own affidavit - Case was fixed for cross examination of complainant and accused sought two adjournments for cross..........
