Negotiable Instruments Act, 1881, Section 138 -- Offence u/s 138 of the Act - It is civil liability dressed in criminal colour...........
Evidence Act, 1872, Section 138, Civil Procedure Code, 1908, Order 17, Rule 1(2)(e) -- Cross examination - Witness present in Court but other side not ready to cross examine the witness - Court can dispense with his cross examination - However, when a genuine and bona fide request is made for adjournment, instead of resorting to forfeiture of the right to cross examine,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Petitioner admitted that cheque bears his signature - There is thus, no dispute with regard to signature - Moreover, petitioner already got himself examined as DW - Matter is at the stage of final arguments - At the belated stage to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 397(3) -- Dishonour of cheque - Second revision - Remedy u/s 482 Cr.P.C. after availing remedy of revision is available in rarest of rare case - Present not a case where Court is inclined to invoke its inherent power - Petition dismissed...........
Criminal Procedure Code, 1973, Section 438, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Since petitioner did not appear thereafter offence u/s 174-A IPC was registered against him - Issuance on no, bailable warrants - Anticipatory bail - Looking to nature of prosecution against petitioner u/s 138 of NI Act,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - As matter between parties have been compromised therefore, judgment of conviction and order of sentence is hereby set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served upon receiver - Notice sent for the second time - Time will start running from the actual receipt of notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Notice issued for the second time and notice served - Complainant could have filed the complaint on the basis of first notice which was returned with endorsement of postman regarding non availability of receiver - However, when due diligence was taken by issuing notice for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not served - Complainant is entitled to send a fresh notice within stipulated period...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compromise - Accused acquitted - On failure to pay the agreed amount, within time granted, accused shall be proceeded with for contempt, in addition to other proceedings, in accordance with law...........
