Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Court has to record satisfaction that complainant had sufficient cause for not making the complaint within period prescribed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence at appellate stage - Trial Court dismissed complaint as it did not believe the story of complainant of giving loan to accused - Additional evidence sought to be led at appellate stage to summon witnesses from Bank to prove that in fact loan amount involved in complaint was given..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Sentences - Running concurrently - One year R.I. imposed in each of two check bouncing cases - Petitioner is facing trial since year 2003 - Petitioner is father of three minor children - No criminal background of petitioner - Petitioner already undergone..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Cheque in question issued for discharging subsisting liability - Cheque presented for encashment returned for insufficiency of funds - Statutory notice issued well in time - Petitioner/accused neither gave any reply nor repaid amount - Held, petitioner is guilty of offence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Attachment of account by police and as a result of thereof cheque could not be cleared - It was beyond the control of accused - No offence under the act made out - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - No specific allegation has been made against them apart from the fact that they happen to be directors of accused company - But insofar petitioner No.1 is concerned it has been asserted in complaint that he is signatory to the said dishonoured cheque - Held,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Trial - Compromise - Matter has been settled between parties and in view of provision of S.147 of N.I. Act, orders of conviction and sentence passed by Courts below set-aside - Revisionist entitled to acquittal - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Agreement for credit facility entered into by parties at Indore and availed the same at Indore - Cheque in question issued at Indore against account maintained with Bank at Indore - Cheque presented and dishonoured at Indore and intimation of dishonour received by complainant at Indore -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque issued by accused at Delhi from account maintained in a Bank at Delhi - Complainant deposited the cheque at Pune with its bankers for presentation to the drawee bank at Delhi - Complainant's bank at Pune does not become banker to whom the cheque is presented - Notice of demand..........
