Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 136 -- Dishonour of cheque - High Court convicted accused in an appeal against acquittal - Power of Supreme Court under Article 136 of the Constitution do not encompass re-appreciation of entirety of record merely on the premise that High Court has convicted accused for the first time in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from surrendering - Accused out of 7 lakhs in view of settlement, paid Rs.4 lakhs to complainant - Three Courts have concurrently convicted accused u/s 138 of the Act - Exemption from surrendering is of discretion of Supreme Court - Held, without going into merits of case, application for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint from Court at Agra to Court at Siliguri - Delivery challan that all disputes will be subject to jurisdiction of Courts at Siliguri - It is not a bar for Courts in any other jurisdiction to entertain the proceedings - It is always open to accused to raise this point before Court at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complaint u/s 138 of the Act filed after accused lodged a prior complaint to police about loss sustained on account of poor quality of feed supplied by complainant - Not a ground for seeking transfer of proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - From a Court at Agra to a Court at Siliguri - Complainant having its Head Office at Siliguri and that there is no reason why it chose to file a complaint in Agra - Not a ground for seeking transfer of proceedings - Under S.142(2)(a) of the Act, Court within whose jurisdiction the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of proceedings - Petitioner sought transfer of proceedings on the basis of his old age - However, petitioner is not even summoned by Magistrate in proceedings u/s 138 of N.I. Act - Petitioner is discharged from said proceedings - Said fact is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Adjudication of cases - Considering that misuse of cheques causing frivolous litigation and large number of such cases pending before Courts - Supreme Courts has issued direction to RBI to create new proforma that will include `purpose of payment' alongwith other information - Supreme Court also..........
Indian Penal Code, 1860, Section 420, 406, 419, 167, 468, 379, 465, 475, 120B, 114, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 NI Act - FIR two years thereafter alleging same cheque misplaced and fraudulent use thereof - Instead of quashing FIR the same transferred to Court where proceedings of complaint u/s 138 NI Act is..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Can be made with reference to the evidence of prosecution as well as of defence...........
