Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Petitioner did not repay loan and defaulted in payment of installments - Respondent company took recourse to arbitration proceedings but before award could be passed, petitioner approached respondent with offer of settlement and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427, 31 -- Dishonour of cheque - Conviction - Sentence - Conviction of petitioner in two cases for offence u/s.138 of NI Act - Sentences awarded in both cases - Petitioner is not a habitual offender as no other case of similar nature is pending against him - He is having no criminal..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Dishonoured cheque returned by Bank on 07.02.2008 with an endorsement that funds were insufficient - Legal notice sent on 03.03.2008 demanding cheque money - First complaint filed on 29.04.2008 which was dismissed in default..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Sole proprietorship firm - Vicarious liability of employees - Held, sole proprietorship firm would not fall within the meaning of partnership firm or association of individual - Vicarious liability cannot be fastened on employees of a sole partnership firm by taking aid of S.141 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt - Accused alleged to have issued cheque in question towards part payment of loan availed by him - Defence of accused that signed blank cheque was given by him at the time of sanctioning the loan agreement along with other cheques and said cheque was misused by complainant..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of Cheque - Conditions precedent to file complaint - Held, the presentation, dishonour of the cheque & no, payment of amount despite receipt of notice within a statutory period etc. are the conditions precedent for institution of a criminal complaint in writing by the payee - Only when all the indicated..........
Negotiable Instruments Act, 1881, Section 138 -- Object of Section 138 - Held, Section 138 of NI Act is the speedy, beneficial provision to recover the impugned amount, to punish the defaulter and it cannot possibly be interpreted to create the hurdles to defeat the real cause of justice and public interest to enable the accused to defeat the rightful claim of the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheques - Conviction - Appeal - Compounding of offence - Case has been compromised between the parties and due amount has already been given by accused/petitioner to complainant - Held, offence u/s 138 of the NI Act is a compoundable offence - Offence allowed to be compounded...........
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning of accused - Validity - Complaint filed on 06.02.1995 after serving demand notice on 14.01.1995 - Cause of action to institute complaint arose when no payment was made within 15 days from date of service - Thus, right to lodge complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Statutory notice to advocate of accused - Validity - Held, reply notice issued by complainant to advocate for accused can be termed as statutory notice provided it fulfill statutory obligation provided u/s.138 of the NI Act and copy of notice has to be sent to accused demanding cheque amount has to be..........
