Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Handwriting expert - No plausible justification or explanation given by accused to examine handwriting expert - Power u/s 311 Cr.P.C should be exercised only for strong and valid reasons and with great caution and circumspection - Application rightly..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Record sought to be produced by petitioner was very much in the knowledge of petitioner since beginning - But despite having availed numerous opportunities, he did not make any endeavour to bring the same on record -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Accused ready to pay - Dropping of proceedings without consent of complainant - Where an appropriate amount is offered/deposited, Court may consider dropping the proceedings by taking into consideration, objections if any, without obtaining consent of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Dropping of proceedings where an appropriate amount is offered/deposited, which in the opinion of Court is appropriate for duly compensating the complainant, without obtaining direct consent of complainant - Court is empowered to apply its discretion in terms..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of bank officials along with cheque no.702331 - Cheque no.702331 has no relevance to the case and there is no averments with respect to relevance of said cheque - Complaint filed on the basis of Cheque no.703232 - Moreover, witnesses intended to be..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Proceedings should not be quashed when parties are at variance over a question of fact as it would result in injustice to complainant - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Notice to complainant - Matters of issue of bailable warrant and representation of accused is between accused and Court - Complainant need not be heard - Moreover, in order to avoid delay in disposal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Magistrate neither received or called for any report from police regarding non-execution of bailable warrant, nor he was satisfied that accused was avoiding Court's proceedings intentionally - Non-bailable..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Evidence on affidavit by accused in his defence - Dismissal of application - Calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 239 -- Dishonour of cheque - Discharge - Case is tried as a summary trial - Procedure prescribed for summons case is applicable for summary trial - In case of summary trial or trial of summons cases, there is no provision for discharge of accused like S.239 and S.245 Cr.P.C - Application..........
