Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Trial Court while acquitting the accused has considered each and every aspect of the matter and also considered the evidence produced before it in its right perspective - There are major contradictions, omissions and improvements in the statement of witnesses - Prosecution has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - If order of conviction passed by Magistrate, an appeal shall lie to Sessions Court...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of cheque amount - Appellate Court failed to consider whether case falls under an exception or not to impose conditions as prescribed u/s 148 of N.I. Act - Impugned order set aside - Application u/s 389..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - More than three cheques - Single complaint in respect of dishonour of more than three cheques is maintainable if a consolidated notice of demand is served upon accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere issuance of cheque or its dishonour by banker does not give rise to cause of action for filing a complaint against the drawer of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of four cheques - Joint demand notice - Single complaint - Complainant has issued and served upon accused a joint notice of demand in respect of all the four cheques in question - Thus, a single cause of action arose in favour of complainant for filing a complaint against accused upon expiry of 15 days from the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proclaimed offender - Petitioner is seeking one chance to join proceedings before trial Court by abiding to terms and conditions - Paramount consideration of Court is to secure presence of accused on each and every date for speeding up trial for its final conclusion - Order declaring petitioner as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Petitioner willingly paid amount of Rs.1 lakh to complainant - Complainant was permitted to withdraw complaint and accused was acquitted - Accused filed application for refund of amount deposited - There was no condition precedent that in the event of..........
