Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without affording any opportunity to accused and without giving any reason for awarding 10% of interim compensation - Impugned order does not disclose any application of mind and it straightaway directed accused to deposit 10% of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque was issued by A-1 and A-2 - No specific allegation that same was issued with knowledge of petitioners - No case is thus, made out against petitioners on the basis of general, vague and omnibus allegation that cheque was issued fraudulently and dishonestly in order to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented in Bank beyond its validity period of three months - There is no cause of action if cheque presented was not valid - Complaint and all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Payment of cheque amount - Complainant denied his signatures on receipt - Application for comparison of signatures - Complainant having no objection - Application allowed - Trial Court to get the signature-in-question of complainant examined by an expert to compare it..........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Demand of other amount - If in demand notice other amounts is mentioned with the cheque amount in a separate portion in detail, said notice can not be faulted in a legal term of S.138 (b) of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Magistrate considered documentary evidence to proceed against accused - Not necessary to examine the witnesses...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Five cheques - Joint trial - Plea that there can be joint trial for three offences - It would be within domain of trial Court to decide at the stage of framing of charges as to which of three offences should be tried together and trial judge would consider the feasibility of separation of trial for two..........
