Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Misuse of cheque - Absence of pleading in complaint or affidavit that cheque was issued for discharge of debt or liability - Defence of misuse of cheque substantiated from the fact that there was tampering with the cheque as word `fifty' was not legible - Defence taken was probable - In absence of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Complainant is permitted to withdraw complaint - Accused directed to deposit compounding fee of Rs.2000 instead of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Opportunity to adduce defence evidence was granted - No defence evidence was led and Court closed the defence evidence - Petitioner should have assigned reasons for not adducing defence evidence for consideration of Court - Criminal trial cannot be delayed without any..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Examination of handwriting expert by an accused in evidence of rebuttal - When a contention is raised that complainant has misused the cheque by filling up the body of the same, even in a case where presumption can be raised u/ss 118(a) or 139 of the Act, an opportunity..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Accused was not physically present on the date of passing impugned order of dismissal of case - Magistrate passed the order of dismissal of case without performing an opinion that there is no good reason to adjourn hearing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Expeditious disposal of NI Case by establishment of Special NI Courts - Directions issued for establishment of pilot basis in 5 judicial districts with highest pendency in 5 states with highest pendency (namely Maharashtra, Rajasthan, Gujarat, Delhi and Uttar Pradesh) - Guidelines covering the pilot..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Complainant apart from making a bald statement in cross examination had not produced any evidence to substantiate advancing loan - Complainant was not able to discharge onus that cheque was issued for discharge of debt or other liability as no document or books of account were produced -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - Date, month or year of advancing loan not pleaded - In cross examination complainant stated that amount was given in 2002 but complaint was filed in the year 2012 as such there was difference of ten years - No written document with regard to lending money - Amount admitted to be given in the..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Issuance of cheque of Rs.6.70 lakhs towards partial liability - Plea that it is not mentioned as to what was the liability - However there is specific mention in the complaint as to the issuance of cheque of Rs.6.70 lakhs - Order to pay interim compensation of 20% of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Appellate Court duly considered the overall facts and circumstance of case as well as duly appreciated the evidence and material available on record of the case - No grounds made out to warrant any interference in order of acquittal passed by..........
