Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant - Complainant has submitted an affidavit in support of his complaint which contains the entire factual position - Held, it is proper compliance of S.200 of the Code, 1973 in light of the provisions of S.145 of the Act of 1881 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability of Bank Manager - Bank Manager is under no liability in private transactions through cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Applicant accompanied other accused to place `S' at the time of placing of orders - Cannot saddle applicant with any responsibility u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of order - Dishonor of cheque - Applicant/bank manager acted in accordance to his duty and is not liable for private transactions - Even, responsibility for payment lies on drawer of cheque only - Moreover, no ingredients for making out offence against applicant are..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Strict liability - Held, ingredients of S.138 of N.I. Act creates a strict liability - Whether to take recourse to a proceedings u/s.138 of N.I. Act or to file a civil suit by means of a civil remedy is within the choice of affected person - S.138 of the Act has specified a contractual violation as an..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute offence facts required to be proved are: - (i) Issuance of cheque; (ii) Presentation of cheque to Bank; (iii) Returning of cheque unpaid by drawee Bank; (iv) Giving of statutory notice in writing to drawer of cheque demanding payment of cheque amount; and (v) Failure of drawer to make..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 467, 468, 471, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Contention on behalf of petitioner/accused that cheque in question was not dishonoured because of insufficiency of funds but for the reason that signatures did not tally with..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Revision - Matter has been settled between parties - Held, in view of provisions of S.147 conviction and sentence of accused set aside...........
