Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Dissolution of company during pendency of proceedings - Directors and other accused cannot escape by citing its dissolution - Only company is dissolved, not personal penal liability of accused covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - By operation of provisions of Insolvency and Bankruptcy Code, criminal prosecution initiated u/s 138 of the Act r/w S.141 of the Act r/w S.200 Cr.P.C cannot be terminated...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 421, Insolvency and Bankruptcy Code, 2016, Section 238 -- Dishonour of cheque - Company - Application u/s 7 of Insolvency and Bankruptcy Code, 2016 accepted - Recovery of fine - Post conviction recovery of fine/compensation from assets of corporate debtor will have to be in terms of..........
Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Once the signature on cheque is admitted, accused cannot escape his liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Proviso - Dishonour of cheque - Demand notice - There is no requirement to mention cheque number in notice...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - Mistake of cheque number in notice does not make the notice defective or invalid...........
Negotiable Instruments Act, 1881, Section 138(b) - - Dishonour of cheque - Demand notice - No form of notice is prescribed u/s 138(b) Proviso of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards payment of rent - Cheque dishonored - Accused not even sent a reply to notice sent by complainant - Accused rightly convicted - However, since accused already vacated premises and cheque amount is of Rs.4,85,000, interest of justice would be met if quantum of fine amount of Rs.7..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally recoverable debt - Presumption as to - Complainant failed to disclose date, month and year of alleged advancement of loan and remained silent on this - One FIR was also got referred against son of complainant on basis of statement made by accused - Cheque in question is dated 24.9.2014,..........
