Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 419, 420, 477, 120B -- Dishonour of cheque - Quashing of proceedings u/ss 406, 419, 420, 477, 120-B IPC - Petitioners were never summoned for commission of offences punishable u/ss 406, 419, 420, 477, 120-B IPC - It is not the case of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint sought on the ground that statutory notice of demand not served upon accused - It is a triable issue - A defence available to accused could not have been gone into by Magistrate at the time of taking cognizance of compliant and issuance of process - Ground urged is without any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of four complaints - Joint petition for quashing of four complaints and four separate orders directing issuance of process against accused, is not maintainable - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled between parties - Entire due amount stands paid by accused to complainant - This fact is not disputed by complainant - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Judicial Magistrate passed order holding that application filed just to delay proceedings - Held, what should be the nature of defense evidence sought to be produced is not a matter which should be left only to the discretion of the Court - It was for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cheque was issued as a security therefore no liability u/s 138 of the Act can be fastened upon respondent - No witness was examined to verify authenticity of ledger statement - Entries in books by themselves are not sufficient enough to charge any person with liability - Moreover,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation awarded by trial Court has been agreed to be paid to complainant - No impediment in compounding the offence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No pleading in complaint that legally enforceable debt was due and as to when loan was advanced - Written document executed for lending loan was not produced - Conviction u/s 138 of the Act cannot be solely on the ground that cheque bears signature of accused - Accused rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness to further cross examine lawful attorney of Bank - Once Court had already allowed the application for substitution of attorney in place of previous attorney then question of complaint not having been filed by a lawful attorney and that..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 82, 83 -- Dishonour of cheque - Proclaimed offender - Quashing of proceedings - Parties compromised and complaint u/s 138 NI Act withdrawn by complainant - FIR along with all consequential proceedings quashed...........
