Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Corporate Insolvency Resolution Process issued against Company - Imposition of moratorium and appointment of Interim Resolution Process only protects corporate entity that has filed for insolvency and not the private persons involved within it - Such private persons have been..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Exhibition of documents - Complainant filed documents along with his affidavit that were already on record but did not exhibit due to oversight - Documents are very much essential for just decision of case and therefore, they should be duly exhibited - Trial..........
Indian Penal Code, 1860, Section 174A, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Petitioner is acquitted of charges in main complaint u/s 138 of N.I. Act - No useful purpose would be served by continuing proceedings u/s 174-A IPC against petitioner - FIR u/s 174-A IPC along with all..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled dispute between themselves - Once settlement is being effected, then in terms of S.147 of the Act and S.320 Cr.P.C, accused ought to be acquitted as offence stands compounded - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cross-examination of complainant - Complainant failed in offering himself for cross-examination - Justification expressed by complainant that due to oversight of counsel representing him, he could not offer himself, appears to be convincing - One effective opportunity thus, granted to complainant for..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Presumption - S.118 (a) assumes that every negotiable instrument is made or drawn for consideration, while S.139 creates a presumption that holder of a cheque has received cheque in discharge of a debt or liability - Presumptions under both are rebuttable which can be rebutted by accused by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Hand loan - Presumption - Probable defence on the part of accused established - Burden shifts on complainant to establish his case beyond a reasonable doubt - Complainant failed to discharge this burden as (a) well wishers in whose presence cheque was given to complainant not examined as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Two cases involving an offence u/s 138 of N.I. Act which are being prosecuted by two different complainants arising from separate causes of action cannot be tried together merely on the reason that accused person is the same in both the cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere dishonour of cheque does not construe an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
