Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Court should inform accused that in case he wants to make the payment of the cheque amount, he should either in person or through his counsel or representative should send the cheque amount, either in cash or through draft - Case will thus come to an end...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Summary trial - Procedures to be followed - (1) On the day complaint is presented, if the complaint is accompanied by affidavit of complainant, Court shall scrutinize the complaint & documents and if commission of offence is made out, take cognizance & direct issuance of summons of accused,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 428 -- Dishonour of cheque - Accused convicted and sentenced to one year RI and to pay a fine of Rs.2 lakhs - Accused undergoing sentence in another case for an offence u/s 138 of NI Act - Substantive sentence of one year reduced to already undergone but default sentence due to non..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - No dispute regarding signatures of accused on the cheque - It is for the accused to prove that the cheque was not issued for the discharge of any legally enforceable debt - Accused has to prove either by leading evidence or from the evidence of the holder of the cheque that cheque was..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Certain discrepancies in the dates with regard to lending money - Complainant examined after four years of lending - Not a circumstances to rebut the presumption u/s 139 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent as per registered post, certificate of posting and by courier service - Notice sent by registered post received back with postal endorsement 'addressee left and new address not known' - Held, there is valid compliance of the statutory requirement of issuing notice to the accused...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Admission of signing a blank cheque does not amount to admission of execution of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as a refundable security deposit for due performance of agreement - If cheque is issued only as security for performance of certain contract or an agreement and not towards the discharge of any debt or other liability, offence punishable u/s 138 of the Act is not made out...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 313 -- Dishonour of cheque - Re-examination of accused u/s 313 Cr.P.C. at the stage when case was pending for judgment after hearing arguments - Held, even when case is posted for judgment, Court has power u/s 311 to recall and re-examine any person already examined - On..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Accused convicted - Complainant filed revision petition in High Court seeking enhancement of sentence - Accused also filed appeal against conviction and sentence which is pending before Sessions Judges - Held, u/s 397 of Criminal Procedure Code, question of..........
