Negotiable Instruments Act, 1881, Section 138, Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, Section 4, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Economic offences - Appeal against acquittal - Respondent/accused is young person on whom his family is dependent for livelihood - There are no criminal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Ingredients required for making out a case u/s 138 of the Act - Law pronounced in case M/s Kusum M/s.Kusum Ingots & Alloys Ltd. v. M/s.Pennar Peterson Securities Ltd. and Ors. etc. etc.; 2000(1) Apex Court Journal 261 (S.C.) : AIR 2000 SC 954 : 2000(2) SCC 745 reiterated : (i) a person must have drawn a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint through power of attorney holder - Law as to - Law as pronounced in A.C.Narayanan v. State of Maharashtra, 2013(3) Apex Court Judgments 323 (S.C.) : 2013(4) Criminal Court Cases 001 (S.C.) : 2013(4) Civil Court Cases 379 (S.C.) reiterated : (i) Filing of complaint petition u/s 138 of NI Act..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cases u/s 138 of Act are to be treated as a separate class of quasi criminal cases governed by special procedure prescribed u/ss 142 to 147 of N.I. Act - It is only if the said provisions are silent, provisions of Cr.P.C. may be applied as far as may be warranted...........
Negotiable Instruments Act, 1881, Section 138, 142, Sick Industrial Companies (Special Provisions) Act, 1985, Section 15, 22A -- Dishonour of cheque - Offence by company - Complaint u/s 138 of the Act - Merely because party has approached BIFR, by itself is not sufficient to seek protection and claim that there is a legal bar for instituting and proceeding with a complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of punishment - Cheque of Rs 6.19 lakhs dishonoured - High Court directed accused either to pay compensation of Rs.2 lakhs to complainant or to undergo imprisonment for two months - Courts not to award flea-bite sentence - Order of High court modified - Accused sentenced to undergo S.I of 6..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Place, situs or venue of judicial inquiry and trial of offence must be restricted to where the drawee bank is located i.e. territorial jurisdiction is restricted to Court within whose local jurisdiction the offence was committed i.e. where cheque is dishonoured by the bank on which it is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Law as to : (a) An offence u/s 138 of the Act is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is returned unpaid for insufficiency of funds or for the reason that amount exceeds the arrangement made with bank; (b)..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Court can allow reasonable time to parties to fulfill terms of agreement in order to promote settlement arrived at in mediation and if parties willing to abide by condition then Court can wait for that much time provided in mediation agreement i.e. up to 6 months - But if the defaulting..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two essential ingredients to attract the offence u/s 138 of the Act are : (i) cheque ought to have been "drawn" by drawer in favour of payee; (ii) the issuance of cheque must be in total or partial discharge of liability owed by drawer...........
