Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Complainant had a financial standing to advance friendly loan to accused is prima facie proved from evidence on record - Cheque in question bears signatures of accused - Plea of defence sought to be raised is absolutely baseless, as there is no material much less prima facie material to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 205 -- Dishonour of cheque - Exemption from personal appearance - Exemption granted by Revisional Court that petitioners shall furnish bail bonds/surety bonds to the satisfaction of trial Court by putting in appearance before trial Court and on their furnishing undertaking to the effect..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Summoning of witnesses - Accused can rebut the evidence of complainant by cross-examination, by examining his side witnesses and produce materials and documents to rebut the evidence of complainant to disprove the case of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and summoning order - All issues involves disputed question of facts and law and cannot be decided unless and until parties go to trial and lead their respective evidence - Though invariably initial phase of a litigation u/s 138 of the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived at between parties - Complainant has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Complainant has no objection if conviction of accused is set aside - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Proviso - Dishonour of cheque - Delay in filing complaint - Issue of limitation raised for the first time in appeal - Appellate Court did not commit any error in setting aside the judgment and directing complainant to file necessary application to condone delay in the trial Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation - Where the cheque was presented second time within validity period of cheque and thereafter issued statutory notice as required under law, complaint based on such notice is maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Solitary ground that cheques were stolen would be in the realm of disputed question of fact and would require evidence of parties - Petition for quashing cannot be entertained at this stage owing to existence of triable issues -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - Trial of a case u/s 138 of the Act shall only be by a Court within whose local jurisdiction a cheque is delivered for collection through an account, the branch of the bank where the payee or holder in due course, as the case may be, maintains the account is situated...........
