Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Date of cheque wrongly mentioned in notice - It does not amount to material alteration or other aspects of validity of cheque - It does not adulterate the rights of complainant under the cheque - Acquittal set aside - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admitted his signature on cheque and the fact that cheque belonged to his account, complainant had the benefit of presumption u/s 139 of the Act to the effect that cheque was issued towards discharge of debt or liability...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Mere suggestion by accused that complainant is not possessing funds does not rebut presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Revision cannot be dismissed solely on the ground that accused has not surrendered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Revision against - Suspension of sentence during pendency of revision - Accused is 71 years old and already deposited 75% of total compensation - Since sentence awarded is only 1 year and revision is filed in COVID-19 Pandemic, sentence of accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence - Accused awarded sentence of 1 year - Accused deposited 75% amount of total compensation - Sentence suspended...........
Negotiable Instruments Act, 1881, Section 138, 142A -- Dishonour of cheque - As per S.142-A (1) as amended by Ordinance, 2015, all complaints those were pending in Courts other than Courts having territorial jurisdiction as per amended S.142 of the Act, stood automatically transferred to Court having territorial jurisdiction as provided under amended S.142 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Committee - Liability of - "...association of individuals" - Association of individuals should be of similar nature as companies and partnership firms - Committee thus comes within the purview of company as defined under the Explanation of S.141 of the Act - Accused Nos.2 & 3 who issued the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of facts cannot be decided in an application u/s 482 Cr.P.C that too at the stage of trial...........
