Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Plea that cheque got dishonoured on 14.02.2000 and notice was issued on 11.03.2000 therefore notice was time barred - Plea held, not tenable as dishonour of cheque was communicated to accused on 26.02.2000 and as such notice was within time - Accused convicted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Existence of legally enforceable debt - Appellant drawn demand draft favoring Executive Engineer, PWD and on basis of which contract awarded to `D' - Nothing on record to show that the amount came to respondent No.1 or for his benefit, although a case is made out by appellant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - High Court convicted accused in appeal against order of acquittal by trial Court - High Court has not analysed evidence and assumed certain facts, as if they have been proved and proceeded to unsettle judgment of acquittal - Approach of High Court held, erroneous to overturn judgment of acquittal -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Additional evidence at appellate stage - Dishonour of cheque - Acquittal - Appeal against - Dismissal of complaint for failure to prove that complaint is filed by duly authorised person of partnership firm - Placing on record partnership deed - Held, complainant ought be granted..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Appeal against acquittal - Commercial transaction between parties - No credible evidence to show that there was transaction between parties and cheque was issued in discharge of legal debt or liability - A serious doubt created about transactions which took place between parties - No evidence..........
Evidence Act, 1872, Section 3, 138 -- Cross-examination - Divorce petition - Plea that document was wrongly read in evidence - It is always open to a litigant to, in cross examination, confront the witness of opposite party with documents and which documents, if admitted by witnesses, are entitled to be read in evidence - In present case, wife had an opportunity to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.8 lakhs by Appellate Court while suspending sentence of accused is not unreasonable, as total fine of Rs.39,50,000 is imposed on accused by trial Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Imposition of condition to deposit half of cheque amount or bank draft or FDR cannot be said to be unreasonable or harsh keeping in view of cheque amount and compensation awarded by trial Court -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Acquittal - Appeal against - Plea that trial conducted in arbitrary manner as statement of accused not recorded u/s 313 Cr.P.C. - Prejudice if any, for non recording of statement u/s 313 Cr.P.C. is caused to accused and not to complainant - Contention..........
