Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Reduction of sentence - Sentence awarded is very harsh and disproportionate to offence and such a harsh sentence not warranted - Conviction set aside - Accused directed to suffer imprisonment till rising of Court and pay compensation...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Acquittal - Validity - Complainant has failed to prove beyond all doubts that overwriting and change in the date of cheque was made by accused, cheque itself had become void in view of S.87 of the N.I. Act, as there was material alteration in the same - Accused has been able to rebut presumption..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant stated in his complaint that legal notice was returned back unserved in connivance with postal peon - No evidence has been adduced by complainant to show that there was any connivance between postal peon and accused due to which said notice was returned with..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Cheque formed part of security deposit which was payable by petitioner as a liability to complainant - Cheques were not given as security per se, but were issued towards discharge of liability of payment of security - In consideration of this security, respondent agreed to remain deprived of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - On the basis of complainant"s power of attorney, `T' sold a part of land and took consideration thereof, but did not pass over same to him - Later `T' issued cheque which was dishonoured - Version of `T' that it was a blank cheque, which was given by him to complainant as an instrument of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant - Complainant has submitted an affidavit in support of his complaint which contains the entire factual position - Held, it is proper compliance of S.200 of the Code, 1973 in light of the provisions of S.145 of the Act of 1881 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability of Bank Manager - Bank Manager is under no liability in private transactions through cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Applicant accompanied other accused to place `S' at the time of placing of orders - Cannot saddle applicant with any responsibility u/s 138 of the Act...........
