Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Culpability attached to dishonour of cheque can in no case "except in case of S.141 of N.I. Act" be extended to those on whose behalf the cheque is issued...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Comparison of signatures by handwriting expert - No specific plea taken by accused as to amount, date and beneficiary name in the disputed cheque - Even no prayer was made by accused as to on what aspect handwriting expert would..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of unsold goods - No receipt of these good obtained by complainant - It is also improbable that water purifiers worth Rs.1,45,700/- would be transported in dicky of the car and there is also serious dispute about date on which goods were returned to accused - It is not clear that disputed cheques..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of N.I.Act are not recovery proceedings and in a given case Criminal Court may only award sentence of imprisonment...........
Criminal Procedure Code, 1973, Section 265A, Negotiable Instruments Act, 1881, Section 138 -- Plea bargaining - Offence u/s 138 of N.I.Act - It may not be appropriate for trial Court to take recourse to plea bargaining process under Chapter XXIA Cr.P.C. in relation to complaints for offence punishable u/s 138 of N.I. Act - If parties are willing, trial Court should..........
Criminal Procedure Code, 1973, Section 265A, 357(3), Negotiable Instruments Act, 1881, Section 138 -- Plea bargaining - Offence u/s 138 of N.I. Act - Sentence to pay compensation along with default sentence without any substantive prison sentence or sentence to pay fine - Unsustainable, as it is illegal...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Since petitioner did not appear thereafter offence u/s 174-A IPC was registered against him - Issuance on no, bailable warrants - Anticipatory bail - Looking to nature of prosecution against petitioner u/s 138 of NI Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - As matter between parties have been compromised therefore, judgment of conviction and order of sentence is hereby set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served upon receiver - Notice sent for the second time - Time will start running from the actual receipt of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Notice issued for the second time and notice served - Complainant could have filed the complaint on the basis of first notice which was returned with endorsement of postman regarding non availability of receiver - However, when due diligence was taken by issuing notice for the..........
