Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Proceedings initiated u/s 138 of the Act are quasi criminal in nature and the object and purpose of the provision is to provide a compensatory mechanism for expeditious recovery of money as opposed to punishing the accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.223) - Dishonour of cheque - Cognizance of offence - Magistrate can take cognizance of an offence punishable u/s 138 of N.I Act based on a complaint filed u/s 200 Cr.P.C (S.223 BNSS) - After a complaint is filed Magistrate is duty-bound..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting criminal law in motion by suppressing material facts and documents is nothing but an abuse of process of law - Complaint and order taking cognizance quashed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and fingerprint expert - Comparison of relevant writings/signatures on cheque - Disputed cheque though signed by petitioner No.2 but was misused by one `G' - Application dismissed by trial Court on the ground that petitioner No.2 admitted signatures on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of dishonoured cheques simpliciter does not create an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action arises only when the amount remains unpaid even after the expiry of fifteen days from the date of receipt of demand notice...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Moratorium imposed u/s 14 of IBC - When notice was issued to appellant, he was not in charge of corporate debtor as he was suspended from his position as the director of corporate debtor as soon as IRP was appointed - All the bank accounts of corporate debtor were..........
