Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Application by accused for summoning of Income tax return of complainant for the year 2013-2014 - These documents are relevant to establish financial capacity of complainant at the relevant time - Application allowed - Complainant directed to produce income tax..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant is permitted to withdraw complaint and matter is compounded and complaint arising out of dishonour of cheque u/s 138 of the Act is treated to be withdrawn and judgments of conviction and sentence passed by Courts below are quashed and set aside - Accused acquitted of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise between parties - Allowed - Conviction set aside - Prayer for exemption of payment of 15% of compounding fee - Accused submits that cheque amount was Rs.7,00,000/- and accused has paid Rs.1,00,000/- over and above cheque amount to complainant and his business was..........
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..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Absence of specific allegations how the petitioners participated in the day to day affairs of the company and they are in charge and responsible to the company for the conduct of business - When there is bald and vague allegations, it is not sufficient to make out a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Re-production of documents for comparing of signatures - Once original documents were produced in preliminary evidence of complainant and opportunity was granted to accused to cross-examine the complainant u/s 145(2) NI Act, then seeking re-production of said documents, more particularly, when those..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Accused allegedly issued cheque to complainant towards discharge of his liability related to promissory note executed by him - Non-production of alleged promissory note by complainant before Court - Cheques have been issued on the same day as that of execution of note -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Filing of an application u/s 5 Limitation Act instead of filing an application u/s 142 of the Act - Complaint cannot be dismissed as barred by limitation...........
