Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Complaint does not disclose any averments which shows that accused was in charge of conduct of business of company except stating that she was one of Directors of Company - Statutory requirement as contemplated u/s 141 of the Act, not fulfilled or complied with - Complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - By registered post - It is proper service of notice - There is no requirement to serve notice under certificate of posting...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27 -- Dishonour of cheque - Notice - Sent by registered post with correct address - Service of notice is deemed to have been effected on the sender unless he proves that it was really not served and he was not responsible for such non service...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Applicability of S.219 Cr.P.C. - There is no bar to lodge a single complaint in respect of more than one offence punishable u/s 138 of the Act - Thus, S.219 Cr.P.C. would not apply to proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question was dishonoured on 24.12.2018 and complaint was filed on 24.5.2019 - S.143-A of the Act is thus, applicable - Matter rightly remitted to Magistrate to consider complainant's application for grant of interim compensation u/s 143-A of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant failed to establish by acceptable evidence that cheques were issued in discharge of legally enforceable debt or liability - Moreover, undated cheque having been given only as a security, provision of S.138 of the Act are not at all attracted and hence, charges framed against..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Non-appearance of complainant - Complaint dismissed by Magistrate by invoking S.256 Cr.P.C and not on merits - One more opportunity is thus, given to complainant to proceed with the case - Order of dismissal of complaint set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Basic ingredients of offence u/s 138 of the Act is satisfied - There is no scope for re-appreciation of evidence in revisional jurisdiction and coming to a different finding in absence of any perversity - Conviction held, proper - However, sentence of accused is modified by limiting it to..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(2), (6), (8) -- Dishonour of cheque - Compounding of offence - Parties arrived at a settlement in terms of joint memo - Both the parties and their respective counsels have subscribed their signatures - Accused has deposited 75% of fine amount - He filed no objection for..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 of the Act - Accused neither replied to legal notice issued by complainant nor denied his signatures in the cheque - Even, no oral and documentary evidence had been let in by accused to prove his case - Whereas complainant has proved his case by letting in cogent evidence -..........
