Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 402 -- Dishonour of cheque - Conviction - Appeal by accused in Court of Sessions - Complainant filed revision petition before High Court - Revision petition filed in High Court ordered to be transferred to Court of Sessions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Dismissal of appeal - Non-appearance of appellant/accused - Appeal dismissed, as there was no representation for appellant on the date of hearing of appeal - Dismissal of criminal appeal in default cannot be legally sustained and as such, same is liable to be set aside -..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413Proviso -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant was victim of crime as defined u/s 2(y) of BNSS - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Comparison of signatures of accused on loan documents with admitted standard signatures - Petitioner has not disputed the fact regarding availing of loan by him from complainant and regarding submission of loan documents and the fact of issuance of cheque in question in the name of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Cheque dishonoured with remarks `contact the drawer drawee' do not lead to any inference of dishonour of cheque being not on account of insufficiency of funds - It is a matter of trial and cannot be considered at the stage of summoning...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Prima facie from the documents on record is shown that cheque had been issued by petitioner no.2 in favour of complainant, which is asserted to be in discharge of existing legal liability - Prima facie ingredients for summoning u/s 138 of the Act are made out and petitioners..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Report elicited from an expert through process of Court - It is not open for that party, that too in a private complaint u/s 138 of NI Act, to seek process of Court, to obtain another report, without even setting aside the first report...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - When a report is obtained from a private expert without the intervention of Court, and that too when originals of cheques in question are in the custody of Court, party who obtained such a report cannot insist that Court should issue summons to such a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sole proprietorship firm - Sole proprietor alone can be held liable for a cheque issued by a sole proprietorship firm for repayment of any debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parties entered into an agreement specifying the conditions of presentation of cheque - Parties are bound by them and cheque could not have been presented before fulfillment of those conditions...........
