Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Complaint - Recording of sworn statement - Meaning thereof - Held, recording of sworn statement means, the statement of complainant to be recorded by Magistrate not by way of an affidavit - Affidavit does not partake character of sworn statement - Object..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction - Cheque amount Rs.49, 000/- Accused sentenced 3 months SI and to pay fine of Rs.5, 000/- - Case pending for 11 years - Sentence reduced till rising of Court - Accused to pay compensation of Rs.60, 000/- to complainant...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 417, Criminal Procedure Code, 1973, Section 216 -- Revision against conviction u/s 417 IPC - Offence found to be committed u/s 138 Negotiable Instruments Act - Offence u/s 417 IPC altered and accused held guilty u/s 138 NI Act - Keeping in view the long continuation of proceedings accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - As per averments in complaint, statutory notice and examination of complainant, cheque was issued by petitioners in discharge of alleged debt or liability - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(2) -- Dishonour of cheque - Conviction - Revision against - Death of accused during pendency of revision - Revision does not abate - Revisional court to modify sentence imposed against accused by courts below as might be warranted to advance ends of justice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Account not maintained by accused - Held, to attract an offence u/s 138 of the Negotiable Instruments Act it is mandatory that cheque should be issued by accused in account maintained by him...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Partnership firm - Specific averments in complaint reveal that they looked after day to day affairs of the firm - Plea that petitioner was not a partner in firm - Such fact is to be established at trial - Documents of petitioner..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence at revisional stage - Held, parties can compound the offence at revisional stage...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Suspension of sentence during pendency of appeal - Dishonour of cheque - Accused convicted - Appeal against - Sentence suspended during pendency of appeal...........
