Negotiable Instruments Act, 1881, Section 138, 118, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Through cross-examination of complainant, accused has establish that complainant had no financial capacity to lend and accused had no necessity to borrow from him - Even , accused has establish that cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Compromise arrived at between parties after dismissal of appeal against conviction - Complainant received the amount and was not interested in pursuing the litigation any further - Offence punishable u/s 138 of the Act is compounded - Complaint u/s 138 of the Act dismissed - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Conviction by Appellate Court - Sufficient opportunities not given to accused to defend the case, especially when he intended to reverse the judgment of acquittal - Even, otherwise, if at all accused has not appeared before Court and argued the matter, Sessions Judge should..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant failed to lead appropriate evidence to satisfy Court regarding mandatory requirement of issuance of notice u/s 138 of the Act - Accused rightly acquitted - Leave to appeal held, rejected...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant except making a bald assertion regarding his financial capacity to mobilise funds has not produced any other document - Hence, it cannot be presumed that cheque was issued in discharge of legally enforceable debt or liability - As such,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant has accepted the sum towards full and final settlement of dispute - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal preferred by accused, accused directed to deposit cost of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute by entering into compromise - Complainant has accepted the sum towards full and final settlement of cheque - He is not inclined to proceed further in the matter - Conviction and sentence set aside - However, as compromise has been arrived at after..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Case put forward by accused is more believable and that it cannot be believed that complainant had lent a sum to a person whom he has seen only from tyre shop, when accused came to purchase tyres - It has come out during cross examination that complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal - Condition to deposit 1/4th of compensation amount as awarded by trial Court, as a condition precedent for being released on bail pending disposal of appeal - Appellate Court u/s 148 of N.I. Act cannot pass an order directing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - High Court convicted accused in an appeal against acquittal - Complainant did not ask for compensation before High Court nor he challenged High Court's judgment - As complainant accepted the High Court's verdict, his claim for compensation stands impliedly overturned - Anyhow complainant..........
