Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Default in payment of compensation - Default sentence of imprisonment can be imposed for non payment of compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Procedure to be adopted by court - Held, normally in complaint cases filed u/s 138 of the Act when a complaint is filed, complainant is having a stake in the matter - Therefore, in absence of complainant, complaint should not be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Personal appearance of complaint - Exemption therefrom - Power of Magistrate - Held, proviso to S.256(1) Cr.P.C. clearly provides that where complainant is represented by a pleader/counsel or where Magistrate is of opinion that personal attendance of..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Company - Director - Ex. Director of Company arrayed as co-accused - Ex. Direction filed petition for quashing of proceedings - Petitioner had no connection with the company at the time of issuance of cheque and when it bounced - Petition allowed -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(1) -- Dishonour of cheque - Conviction - Compromise during pendency of appeal - Full and final payment made - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of criminal proceedings - Plea that petitioners on account of alleged payment of money to M/s.KMF stood discharged of his liability qua cheque issued by them which was issued under an agreement entered into between petitioner with complainant and had..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant - Evidence of prosecution was closed and accused was examined u/s 313 Cr.P.C. Held, learned Magistrate would have proceeded with disposal of case on merit...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default without recording reason as to whether personal attendance of complainant was essential on that day for the progress of the case and also whether the situation does not justify the case being adjourned to another date due to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Fact sought to be proved by way of additional evidence admitted in reply to the application - Instead of allowing the application its effect be examined by Court during course of arguments...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Application u/s 311 Cr.P.C. to during pendency of appeal against conviction for recall of witness to prove that complainant firm is not registered under Punjab Money Lenders Act or with the Reserve Bank of India and as such is not competent to lend money in..........
