Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Joint account - Drawer of cheque was solely accused - Dishonour due to instruction by a non-drawer does not satisfy ingredients of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In proceedings u/s 138 of the Act, complainant must prove not merely dishonour of cheque but also existence of a legally enforceable debt or liability on the date of issuance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Joint account - Drawer of cheque was solely accused - Dishonour due to instruction by a non-drawer does not satisfy ingredients of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In proceedings u/s 138 of the Act, complainant must prove not merely dishonour of cheque but also existence of a legally enforceable debt or liability on the date of issuance...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Proceedings under the Act can not only be continued but also initiated against accused arraigned by virtue of S.141 of the Act, even after accused company is admitted to insolvency process...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Imposition of moratorium and appointment of Interim Resolution Process only protects corporate entity that has filed for insolvency and not the private persons involved within it - Such private persons have been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Exhibition of documents - Complainant filed documents along with his affidavit that were already on record but did not exhibit due to oversight - Documents are very much essential for just decision of case and therefore, they should be duly exhibited - Trial..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Petitioner is acquitted of charges in main complaint u/s 138 of N.I. Act - No useful purpose would be served by continuing proceedings u/s 174-A IPC against petitioner - FIR u/s 174-A IPC along with all..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled dispute between themselves - Once settlement is being effected, then in terms of S.147 of the Act and S.320 Cr.P.C, accused ought to be acquitted as offence stands compounded - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Complainant failed in offering himself for cross-examination - Justification expressed by complainant that due to oversight of counsel representing him, he could not offer himself, appears to be convincing - One effective opportunity thus, granted to complainant for..........
