Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Issuance of process - Quashing of said order - Petitioner contended that the company has not been joined as party in the complaint - Plea not accepted as perusal of complaint shows that name of company is shown as accused no.1 - Moreover, it is director and the authorised..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Matter compounded by parties - Complainant is permitted to withdraw the complaint - However, keeping in view of poor financial condition of accused, it is appropriate case to impose lesser compounding fee - Accused held, directed to deposit compounding fee of Rs.5,000 instead of 15% of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by Sessions Court - It is evident that even before issuance of cheques, a report regarding loss of said cheques had already been lodged by respondent - Complaint was filed in month of March wherein it is stated that he had started business of supply of milk 4 months..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Earlier loan of Rs.40,000/- remained unpaid - Second loan of Rs.1,70,000/- in cash by complainant who was admittedly a money lender is quite improbable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Earlier loan of Rs.40,000/- - Plea that cheque issued was one issued as security in the discharge of that liability and such cheque was misused by complainant to make it appear that there was a subsequent transaction - Accused successfully rebutted the presumption -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admission of signatures - Presumption comes into play - However, complainant has since discredited his own case in his cross examination which creates doubt over the story of complainant and genuineness of his claim - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application of accused for examination of cheque through handwriting expert was dismissed - Petitioner from the very beginning contended that cheque is misused by respondent as it was lost in transit - Moreover, if accused is not granted liberty for his possible defence,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled between parties - Entire due amount stands paid by accused to bank - Court ordered compounding of offence in question subject to payment of compounding fee @ 10% of cheque amount by accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Maintainability of complaint qua accused - Contention that accused is not a signatory to cheque, thus, no proceedings are maintainable against accused - Contention rejected as initially it was accused who had entered into lease agreement with complainant in pursuance of which cheque in question was..........
