Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Leave to appeal against acquittal - From the record its appears that there are no particulars regarding existing liability as to how much money has been given and when it was given - There is nothing on record as to in whose presence and at which place loan..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Leave to appeal against acquittal - Complainant in his cross examination stated that he does not know as to for what purpose accused has taken money from him - Even, complainant has not shown loan paid by him to accused in his income tax..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Restoration of complaint dismissed in default - - Case was listed for service of accused and on that particular day personal presence of complainant was not necessary, particularly when he engaged counsel to represent him - Complainant continued himself to be..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Non executive Directors - In absence of any further averments as to their role in the company at the time of commission of offence, presumption u/s 141 of the Act cannot be raised against them - Summoning order and proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138, 142, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of complaint - Petitioner is not the signatory of cheque - Cheque signed by wife of petitioner and account on which cheque was drawn belongs to sole proprietorship concern of his wife as per..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Closing of proceedings - It is only when cheque amount with interest and cost as assessed are paid by a specific date, Court is entitled to close proceedings in exercise of its power u/s 143 N.I. Act r/w S.258 Cr.P.C and thereafter discharge accused and..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting expert to prove that cheque does not bear signature of accused and that contents of cheque have not been filled by him - Permission granted to petitioner to examine private handwriting expert at his own cost - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Cheating - Dismissal of complaint by closing evidence of complainant - Not even a single effective opportunity afforded to complainant to lead evidence - Order dismissing compliant set aside - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Accused deposited compounding charges i.e 15% of total amount - No useful purpose would be served by keeping proceedings alive - Permission to compound offence granted - Conviction and sentence of accused set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioners No.1 and 2 not signatory of cheque - Petitioners No.1 and 2 cannot be prosecuted u/s 138 of the Act...........
