Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan amount returned by accuse - There was no liability made out as claimed by complainant - Complaint was not only dishonestly filed, but was filed for an amount which was not due and payable by the accused - Acquittal, held, proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused convicted and sentenced in four different cases - Sentences to run concurrently...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Can be instituted in writing but need not be signed by the complainant - Magistrate taking cognizance shall examine upon oath the complainant and his witnesses, if any, and reduce in writing the substance of such examination and such statement is required to be signed by the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Date of service of notice - Neither mentioned in complaint nor in statement or in counter affidavit - Even during arguments complainant could not point out date of service of notice - In absence of date of service of notice, no offence u/s 138 of the Act is made out against the accused - Order..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque number wrongly mentioned in notice - Quashing of complaint sought - Held, there is nothing in S.138 of the Act to show that number of dishonoured cheque also should be mentioned either in statutory notice or in complaint - Hence wrong mention of cheque number in notice, or in complaint - Hence,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused received demand notice on 6.11.2004 and got prepared a demand draft of equivalent amount on 17.11.2004 and dispatched on 18.11.2004 through Registered post - It cannot be said that payment was not sent to the cheque holder within time - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused ready to pay Rs.1, 50, 000/- to buy peace - Complainant not accepting this amount - Complaint quashed on deposit of the said amount as continuation of proceedings will only overburden the Courts with meaningless litigation and quashing of the complaint will not only..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused residing beyond jurisdiction of Court - Summoning order passed relying upon the statement of complainant and documents tendered in evidence - Set aside as procedure envisaged u/s 202 Cr.P.C. not followed - In a case where accused is residing beyond jurisdiction of Court, Magistrate has to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Disputed cheque was issued by accused to complainant - Signature on cheque has also been admitted by him - In spite of that Judicial Magistrate has proceeded to say that complainant had miserably failed to produce related books of accounts which was maintained by him in respect..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Demand of cheque amount and incidental charges - Notice not invalid, if the cheque amount and incidental charges are separable...........
