Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Maintainability of complaint qua accused - Contention that accused is not a signatory to cheque, thus, no proceedings are maintainable against accused - Contention rejected as initially it was accused who had entered into lease agreement with complainant in pursuance of which cheque in question was..........
Negotiable Instruments Act, 1881, Section 138, 82, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Material alteration - Quashing of complaint - Factum of who carried out material alteration is disputed - Disputed question of fact cannot be gone into by High Court while exercising its powers u/s 482 Cr.P.C - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Dispute in the nature of complaint u/s 138 of N.I Act can be settled by way of compromise irrespective of any other legislation including Cr.P.C in general and S.320(1)(2) or (6) Cr.P.C in particular...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Parties are at liberty to compound the offence at any stage even after dismissal of revision application...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - No resolution on record by company authorizing complainant to file complaint against accused - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Proceedings also initiated under Punjab Co-operative Societies Act - If a civil suit for recovery is filed it does not preclude the lender from initiating proceedings u/s 138 of the Act and vice versa - There is thus no question of accused having been prosecuted twice and consequently..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Compromise arrived at between parties after dismissal of appeal against conviction - Complainant received the amount and was not interested in pursuing the litigation any further - Offence punishable u/s 138 of the Act is compounded - Complaint u/s 138 of the Act dismissed - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Complainant could not appear before trial Court on relevant dates due to heart ailment as he was treated in Hospital - He submitted an affidavit u/s 200 Cr.P.C and other documents on record in support of his complaint before said illness - Amount of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stay of proceedings during pendency of Arbitration proceedings - Both civil and criminal proceedings can continue simultaneously if both arise from separate cause of action - Arbitration proceedings are with regard to civil dispute arising on alleged violation of terms of agreement whereas proceedings..........
