Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compromise - Accused and complainant compromised the matter - Complainant received Rs.10 lakhs i.e cheque amount in terms of compromise - Conviction and sentence of accused set aside - Accused acquitted in terms of S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Defence of accused that he made payment for the commodities/rice bags but blank cheques were not returned by complainant - Quite unbelievable and unacceptable...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Absence of averment in complaint that cheques were issued for the purchase made on credit - However, complainant clearly stated in his evidence that cheques were issued for the commodities purchased on credit - Courts below erred in brushing aside the evidence of complainant on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Summoning of accused - Settlement arrived at between parties at the stage of issuance of summons itself - There is thus, no necessity of imposing cost as per Damodar case... - Summons issued to accused shall stand quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Second application for quashing - Plea of resignation from company as Director not supported by Form 32 issued by Registrar of companies - Second application for quashing supported by Form 32 - There was a difference between the earlier application and..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal by trial Court - Conviction by High Court - Order of acquittal rightly reversed as presumption was not taken into consideration - Moreover trial Court committed an error in placing heavy burden on the complainant to prove debt - Order of conviction, upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Non-appearance of accused - Appeal not to be decided on merits without issuing second notice to accused or High Court Legal Services Committee to appoint an advocate or High Court could have taken assistance of amicus curiae - Impugned order reversing acquittal set aside -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Delay in filing complaint - Complainant in his complaint specifically narrated circumstance that despite repeated requests to postal department, no acknowledgement of notice was furnished - It was in these circumstances complainant issued a second notice - Complainant indicated adequate and sufficient..........
