Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of order taking cognizance - Complainant received information of dishonour of cheque on 25.08.2008 - Demand notice issued on 6.11.2008 through registered AD - Held, demand notice issued much later of 30 days period as required u/s.138(b)..........
Negotiable Instruments Act, 1881, Section 138, 124, 50, 51 -- Dishonour of cheque - Crossed cheque - Complaint by endorsee - Maintainability - Cheque was crossed and as it was written `a/c payee only' - Held, complainant who is only an endorsee of such a crossed cheque cannot maintain a complaint u/s.138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Defence of accused that cheque was not issued by him for any liability - Failure of accused to prove his defence - Held, order of acquittal liable to be set aside - Respondent/accused guilty u/s 138 of N.I. Act - Sentenced to imprisonment till rising of Court and to pay fine..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Magistrate considered ocular and documentary evidence adduced by complainant and proceeded to take cognizance of case - Held, no illegality or irregularity in issuing summon to petitioner/accused after taking cognizance of..........
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, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Quashing of - Held, proviso (b) S.138 of N.I. Act stipulates notice regarding dishonour of cheque and demanding discharge alone - There is no statutory mandate that notice shall narrate nature of liability - Therefore, omission or error in notice..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195, 476, 561A -- Dishonour of cheque - Tempering of cheques - Complaint - Quashing of - Preliminary enquiry ordered on allegation of tempering of cheques - PDJ also drew up complaint against petitioners and forwarded same to Magistrate for disposal - Magistrate issued process against..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence taken by accused that complainant has committed cheating and forgery, pertaining to cheque in question, but reason best known to them they have neither lodged any complaint nor has lodged F.I.R. against complainant - Evidence adduced on behalf of complainant and alleged..........
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..........
