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 - Conviction - Validity - Accused had no case that she had issued a blank cheque to complainant and that he had filled up the particulars - She remained satisfied with mere denial of transaction - Held, it is for accused to explain as to how complainant came into possession of cheque drawn on her account..........
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, 147 -- Dishonour of cheque - Compounding of offence - Held, parties, in reference to offence u/s 138 r/w S.147 of NI Act are at liberty to compound the matter at any stage even after dismissal of revision application - Even a convict undergoing imprisonment with the liability to pay the amount of fine imposed by Court and/or..........
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...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of order - Dishonor of cheque - Applicant/bank manager acted in accordance to his duty and is not liable for private transactions - Even, responsibility for payment lies on drawer of cheque only - Moreover, no ingredients for making out offence against applicant are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
