Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Non-appearance of complainant was on one date due to absence of knowledge of transfer of case to another case - Absence of complainant on one date is no ground to dismiss complaint - Order of dismissal set aside - Complaint ordered to be restored at the stage..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence - Offence by company - 18 complaints were filed for dishonour of 18 cheques and accused convicted for S.I. of 1 year and to pay fine of Rs.5 lakh in each case and to undergo 6 months S.I. in case of no, payment - As per evidence on..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Nothing on record regarding payment of Rs.10 Lakhs by complainant to accused - Even, accused has appeared as defence witness and stated that she had litigation with one `A' and after..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Offence for which accused charged is not `stricto sensu' be termed to be an offence against State - Entire amount of compensation deposited by accused - Complainant is not interested to pursue the complaint and does not want to hold..........
Negotiable Instruments Act, 1881, Section 138, 9 -- Dishonour of cheque - Holder in due course - Cheques in question were issued by original accused no.1 in favour of accused no.2 - Accused no.2 indorsed those cheques in favour of accused no.3 i.e applicant, who in turn further indorsed the same in favour of complainant for consideration - Complainant being holder in due..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Benefit of probation - Applicability - Statue does not prohibit the applicability of provisions of S.4 of 1958 Act in cases u/s 138 of N.I.Act, as offence is punishable with only 2 years imprisonment - More so, trial Court would have to assign reasons for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal - Does not discharge him from liability - Legal heirs who inherit property of offender are legally liable for..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70, Criminal Procedure Code, 1973, Section 421, 431 -- Dishonour of cheque - Accused convicted and held liable to pay fine and compensation - Death of accused during pendency of appeal against conviction - Since property which came into the hands of wife of accused was admittedly owned by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not mandatory in complaints filed u/s 138 of N.I.Act - Non-compliance of the same thus have no effect upon said complaints...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
