Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of overwriting of date of cheque 1.7.2013 to 1.7.2014 - Cheque - This is a matter of fact which can be contested only before the trial Court - At this stage no cogent evidence/ground to disbelieve the statement of complainant given on oath before Court in support of his complaint - No ground to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4), 2(wa) -- Dishonour of cheque - Appeal against acquittal - Complainant not a victim in terms of S.2(wa) of the Code - Appeal u/s 372 proviso is not maintainable - Complainant must avail the remedy of appeal provided u/s 378(4) of the Code after obtaining special leave...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Failure to pay loan amount - Since judgment and decree in civil suit has attained finality between same parties with respect to same transaction and counsel of petitioner has not argued case on merit, plea taken by petitioners in..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Quashing of FIR - Dishonour of cheque - Petitioner was declared proclaimed offender, thus FIR u/s 174-A IPC was registered - Petitioner could not appear as notice was not served at the given address, hence, no, appearance of petitioner held,..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Payment of cheque amount with interest and cost as assessed by Court by a specified date - Court is entitled to close the proceedings in exercise of its powers u/s 143 of N.I. Act r/w S.258 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Procedure for trial of cases under Chapter XVII of the Act, normally is to follow summary procedure - However, summons trial procedure can be followed where sentence exceeding one year may be necessary taking into account the fact that compensation u/s 357(3) Cr.P.C. with sentence of less than one year..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Bank account number of complainant and e-mail ID of accused - In every complaint u/s 138 of the Act, it may be desirable that complainant gives his bank account number and if possible e-mail ID of accused - If e-mail ID is available with Bank where accused has an account, such Bank, on being..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons - In every summons, issued to accused, it may be indicated that if accused deposits the specified amount, to be assessed by Court having regard to the cheque amount and interest/cost, by a specified date, accused need not appear unless required and proceedings may be closed subject to any valid..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Deposit of amount by accused indicated in the summons - If accused complies with such summons and informs Court and complainant by e-mail, Court can ascertain the objection, if any, of the complainant and close the proceedings unless it becomes necessary to proceed with the case - In such a situation,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused who wants to contest the case, must be required to disclose specific defence for such contest - Court can ask specific questions to the accused at that stage - In case trial is to proceed, it will be open to the Court to explore the possibility of settlement - Court can also consider the..........
