Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Impleadment of firm as accused - Cheque drawn on the account of firm - Complainant failed to issue notice to firm as contemplated u/s 138(b) Proviso of the Act - Since no notice was issued against firm within time prescribed, complainant has no sufficient cause for invoking..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Petitioners are neither signatory of cheque nor in any way responsible for issuance of cheque - Vaguely stated in complaint that petitioners are directors and responsible for day to day affairs of company - Without any specific role attributed to each of the petitioners in the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Complainant admitted that he had received amount from accused being cheque amount and he has given quietus to dispute and he has no objection with regard to setting aside conviction and sentence passed against accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant has accepted the sum towards full and final settlement of dispute - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal preferred by accused, accused directed to deposit cost of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute by entering into compromise - Complainant has accepted the sum towards full and final settlement of cheque - He is not inclined to proceed further in the matter - Conviction and sentence set aside - However, as compromise has been arrived at after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheques issued towards payment of amount due under chit transactions - No dispute regarding dates of presentation of cheques, their dishonour, issuance of statutory notice and compliance of provisions of Act with regard to limitation..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused not denied that he borrowed money from complainant and that he also given a cheque to complainant - Dishonour of cheque, issuance of cheque, receipt of notice and non-payment of cheque amount are also not disputed by accused - Evidence that has been brought..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No specific denial of taking loan - Plea that loan was repaid - Issuance of cheque by accused and fact that cheque was dishonoured for insufficiency of fund in his account also stand proved - Accused did not raise any probable defence which would create doubts in the mind of Court -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Offence under the Act cannot be equated with an offence punishable under IPC or other criminal offences since such offence is almost in the nature of civil wrong - Taking into consideration this aspect and age, occupation and past records of accused, sentence awarded to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Parties have arrived at settlement - Entire amount agreed between parties is received by complainant and he has no objection if conviction of accused with respect to offence is quashed - Conviction and sentence set aside - Accused..........
