Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254, 351 -- Dishonour of cheque - Accused failed to lead evidence in defence despite availing 14 opportunities - However, in order to secure ends of justice and provide accused an opportunity of fair trial, he deserve to be granted a single window of three days to lead defence evidence..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter between parties compromised and due amount already paid by accused - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Limitation - As per complainant she fell ill so she could not file complaint within time - Even, complainant filed medical certificate alongwith complaint - As complaint has been filed after amendment of S.142 of the Act came into force, complaint held, not barred by..........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138 -- Third anticipatory bail application - Dishonour of cheque - Bail cancelled due to non appearance - Anticipatory bail granted twice but accused chose not to appear - Third anticipatory bail application - No ground to extend said concession for the third time - However, in case..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arrayed as accused neither in notice nor in complaint - Complaint not maintainable - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 460(e) -- Dishonour of cheque - Cognizance taken by Magistrate not empowered to take cognizance - Held, it will not vitiate the proceedings, as cognizance taken in good faith that too erroneously - Matter squarely covered by S.460(e) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Cheque signed by A2 in his capacity as Managing Partner of company/A1 therefore, A2 liable to be convicted u/s 138 of the Act - However, complainant not adduced satisfactory evidence to show that A5 was actively involved in affairs of company - In absence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for non-prosecution - On ground of absence of complainant and her advocate - Considering absence of advocate for complainant and complainant on some occasion as recorded in Rojkam, negligence is established on part of appellant - Therefore, cost awarded to respondents - Order of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Money lender - Proof of registration as money lender not required where money advanced is as a friendly loan and not in money lending business - Order dismissing complaint by holding that Money Lender Licence under Money Lenders Act is necessary for entering loan transaction set aside and matter..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - In terms of compromise, accused deposited amount in trial Court and further stated that he has no objection, if matter is compounded - Offence compounded - Conviction set aside - Accused acquitted...........
