Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Despite receiving statutory notice the same was not replied - Issuance of cheque not denied at the first available opportunity - Statutory presumption u/s 139 of the Act operates against accused...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - (i) Appellate Court can order appellant to deposit a portion of fine or compensation or to waive such deposit and to furnish reasons for its decision; (ii) Such deposit cannot be less than an amount equivalent to 20% of the fine or compensation;..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 25% of compensation - Appellate Court may order to deposit a sum which shall not be less than 20% of compensation amount as per S.148 of the Act - Directing accused to deposit 25% of compensation amount is just and reasonable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of date of cheques - Date of cheques wrongly mentioned in complaint, notice and even in affidavit filed in support of complaint - Same cannot be said to be a simple or curable infirmity but relates to a substantial infirmity - Amendment at the stage when summons have..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of Cheque - Provision of S.143-A of the Act is directory and not mandatory - Word "may" used in the provision cannot be construed as "shall."(Para 19(a)..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - While deciding the prayer made u/s 143-A of the Act, Court must record brief reasons indicating consideration of all relevant factors...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Interim compensation - Recovery of - Recourse can be taken to S.421 Cr.P.C for recovery of interim compensation - For recovery of interim compensation, immovable or movable property of accused can be sold by Collector...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question dishonoured on account of insufficient funds - No evidence has been produced by accused that he does not have any account in bank on which cheque in question had been drawn - Testimony of complainant has not been shattered/diluted during cross-examination - Defence raised by accused..........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14 -- Dishonour of cheque - Offence by Company - Mere declaration of Moratorium u/s 14 of Code does not lead to lapse of proceedings u/s 138 of N.I. Act...........
