Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Accused convicted - Suspension of sentence during pendency of appeal - Rejected on ground that fine not paid - Held, accused entitled to bail till disposal of appeal subject to payment of fine...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of three cheques - Accused convicted in all the three complaints - High Court ordered the sentences to run concurrently in all the three cases - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction - Compensation - Imposition of default sentence - Power of court - Held, it is within the competence of court to award default term of imprisonment when compensation is awarded u/s 357(3) which otherwise would be rendered ineffective and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Fax (claimed to be the notice) has not been sent to accused company - Said notice does not say that petitioners must make payment of dishonoured cheque within a period of 15 days of receipt of said fax - It also does not say that in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(d) -- Dishonour of cheque - Territorial jurisdiction - Determination of - Held, offence u/s 138 can be completed only with concatenation of following acts - (1) Drawing of cheque; (2) Presentation of cheque to Bank; (3) Returning cheque unpaid by drawee Bank; (4) Giving notice in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of complaint - Unless respondent is able to show that on the date of commission of offence either of petitioners was in charge of affairs of SMALPL or responsible to it for conduct of its business, complaint against either of them..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Quashing of proceedings - Complainant's case that he has deposited certain amount with first accused Bank and second accused when contacted personally issued a cheque for discharge of amount - There is no case for complainant that it..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 - - Dishonour of cheque - Territorial jurisdiction - Quashing of complaint - Statutory notice was sent from Delhi - None of the other events, which could lead to even a prima facie view that offence was committed, took place within territorial jurisdiction of court at Delhi - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Even a prima facie case is not made out against petitioner bank - Held, insofar as petitioner bank is concerned, it will stand discharged in complaint case...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Plea that very little progress has been made in complaint case and that more than 11 years have passed - Petitioner himself is a senior citizen and pendency of criminal complaint for a long number of years constitutes a harassment - Held, learned MM directed to complete trial..........
