Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Can be tried as summons case when (i) there is denial of issuance of cheque; (ii) denial of signatures; (iii) or that there is no legally enforceable debt or liability - In such cases proper chances of defence has to be given to the accused - Magistrate shall record an order after hearing the..........
Negotiable Instruments Act, 1881, Section 138, 143(1), Criminal Procedure Code, 1973, Section 326, 260(2) - - Dishonour of cheque - Trial - Held, when trial not likely to be concluded within six months, Magistrate should record his opinion that trial of case by summary procedure is not desirable and that case to be tried as summons case, in which event legal hurdle u/s.326..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Offence u/s 138 of the Act is compoundable and such compounding can be made at any stage of the proceedings, i.e. during appeal, revision or even before the Supreme Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Acquittal - Appeal against acquittal could be brought in only by way of filing application for special leave to appeal in High Court u/s 378 Cr.P.C and not in Sessions Court - Judgment of acquittal in a complainant case can only be assailed by way of filing..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138 -- Conviction of accused u/s 138 NI Act - Further prosecution u/ss 406, 420 IPC is barred...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Compromise between parties - Held, in view of the fact that offence u/s.138 of N.I. Act is compoundable in nature, compromise between parties is accepted and offence is allowed to be compounded - Impugned Judgment and Order of conviction set aside - Petitioner acquitted -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 177 -- Dishonour of cheque - Complaint - Territorial jurisdiction - All the acts i.e. handing over of cheque to payee i.e. Respondent was at Kolkata - Cheque was drawn at IDBI Bank having its branch at Kolkata - Cheque was dishonoured by earlier said branch at Kolkata - Drawer of cheque..........
Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Limitation - Quashing of proceedings - Notice dated 27.04.2012 clearly shows that complaint was barred u/s. 142(b) of N.I. Act as same was not filed within a period of one month after expiry of 15 days of receipt of notice - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Demand of payment of interest - Validity - Held, S.138 of N.I. Act does not envisage payment of interest and even if interest is not paid, complaint u/s.138 of the N.I. Act cannot be filed - Yet, simply because demand of payment of interest was also made in notice, it would not lose its character of a demand notice..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Proceeding initiated u/s 138 of N.I. Act sought to be quashed on ground that there was proceeding `stop payment" instruction - Held, proceedings cannot be quashed on ground of "stop payment" instruction - Rather in view of..........
