Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Parties compromised - A new cheque in lieu of cheque dishonoured issued - Second cheque also dishonoured - Complaint on the basis of second cheque is not maintainable as second cheque issued in terms of compromise does not create a new liability - As the compromise did not fructify, the same..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients of the provision are : (i) that there is a legally enforceable debt; (ii) that the cheque was drawn from the account of bank for discharge in whole or in part of any debt or other liability which presupposes a legally enforceable debt; and (iii) that the cheque so issued had been returned..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence u/s 138 of the Act can never be tried as warrant case...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Directors and officers of company - As regards Directors there was an averment that being Directors of the Company they were incharge of the affairs of the Company - No reason to quash summoning order against them - As far as officers of company..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Evidence on affidavit by the complainant - Sufficient compliance as provided in S.200 Cr.P.C. - Personal appearance of complainant for his examination not required...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by way of security - Plea that dishonour of such cheque does not attract criminal liability - There was interpolation in amount written in numbers - Fact of interpolation corroborated by expert evidence - Conviction without considering legal plea and without giving satisfactory reasons for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Provision of S.138 of the Act is attracted only on account of dishonour of cheque issued in discharge of liability or debt, but not on account of issuance of security cheque...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Dishonour of cheque - Comparison of writing on cheque - Assertion of complainant that entire writing of cheque is by petitioner whereas petitioner has denied this and has alleged that he lost three blank cheque containing his signatures including the cheque in question - Comparison of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Death of complainant - An application filed to bring on record L.R's - Application not pressed despite numerous hearings - None represented the complainant on 14 dates - Accused attended Court for not less than 20 occasions after the death of the..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Defence evidence - Even defence evidence can be led by filing affidavit - Defence evidence includes evidence of accused himself...........
