Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 468, 469, 471, 34 -- Quashing of proceedings - Issuance of blank cheques - Allegation of converting the blank cheques into valuable documents and presented the same for encashment and getting the same dishonoured with mala fide intention - Present proceedings are counter blast of proceedings..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Where a cheque issued by a company is dishonoured, it is requirement of the Act that every person who at the time offence was committed was in charge of and was responsible to company for conduct of business of company shall be deemed to be guilty of offence u/s 138, 141 of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of NI Act - Cannot be dismissed on the ground of technicality where the cheque has been issued by complainant and same has been dishonoured...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on ground of insufficient funds - Handwriting expert - Accused from the very initial stage had taken a defence that cheque does not bear his signatures and FIR was lodged that cheque was forcefully snatched from him - Held, merely because the cheque was dishonoured on account of..........
Motor Vehicles Act, 1988, Section 166 -- Accident - Death - Compensation - Cheque for payment of premium dishonoured - Liability of insurance company - Liability of insurance company to satisfy award passed in favour of claimants is there - However, since contract of insurance was without consideration as cheque for premium had bounced, insurance company would be entitled..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand notice, either by express or by reasonable intendment, must inform the party to whom it is given : (i) That the instrument has been dishonoured (the instrument should be identified in the notice, otherwise the notice will be invalid); (ii) In what way the instrument has been dishonoured..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said settlement supersedes the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Stop payment' - Nothing to indicate that there was insufficiency of funds - If cheque is dishonoured for `stop payment' even then offence punishable u/s 138 of the Act gets attracted...........
