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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount alongwith additional demand - If in the notice, claim/demand of cheque amount as well as other amount for interest, etc. have been made specifying the same separately, the same will not invalidate the notice - Held, notice cannot be said to be invalid notice...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Application filed U.O.7.R.14 CPC by mentioning wrong provision of law - Application cannot be dismissed solely on the ground that wrong provision of law has been mentioned - S.311 Cr.P.C. deals with power of Court to summon material..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused convicted - Compensation not granted to complainant - Once it is proved by complainant that cheque was dishonoured, then it was for trial Court to award compensation to complainant - Sending accused in jail for dishonour of cheque will not serve the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal filed against conviction - Complainant has no objection if judgment and order of conviction and sentence is set aside - Accused acquitted - As applicant`s financial condition is poor but he could manage funds from friends and relatives therefore, applicant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 73, 82, 83 -- Dishonour of cheque - Non-bailable warrant of arrest issued against accused - Without a report on service of summons/bailable warrant of arrest was produced before Magistrate - In absence of such report, it cannot be concluded that accused has been evading arrest or..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 251, 482 -- Dishonour of cheque - Quashing of proceedings - Notice u/s 251 Cr.P.C already framed against accused and she pleaded not guilty and claimed trial - Application filed by accused u/s 145(2) of N.I Act allowed - Authorized representative of complainant already..........
