Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Issue of process - Quashing of - Except for mentioning that notice had been sent on 1st March, 2005, and that same had been received by appellant, no date has been mentioned as to when same was received by appellant - Held, period for computing cause of action and limitation prescribed u/s.142..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction in sentence - Entire amount of compensation alongwith fine as directed by trial Court paid - Accused facing criminal prosecution for the last seven years - Accused did not commit earlier any such or similar offence - Sentence of imprisonment set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Cross-examination of witness of complainant - Accused availed numerous opportunities for same, but cared not to conclude it - Cross-examination ordered to be closed considering age of case and previous order granting time as final opportunity to accused - Held, it would be prudent to give accused another..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Postal endorsement of `Refusal' 8.12.1998 - There is presumption of service of notice when notice is received back with an endorsement of refusal - Second notice issued on the basis of which complaint filed - Held, cause of action arises once only - Complaint not filed within time on the basis..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonor of cheque - Quashing of complaint - Allegations made in complaint, if taken on their face value and as true in their entirety, prima facie constitute commission of an offence u/s 138 of the Act - Accused taking plea that cheque in question is a forged document and was never issued by him - Held, plea of defense of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonor of cheque - Expert opinion- Accused denied his hand-writing and signatures on cheque allegedly issued in course of business dealing - Complainant made no efforts to refer cheques to hand-writing expert - However, accused prepared to give his specimen signatures and hand-writing for..........
Negotiable Instruments Act, 1881, Section 138, 142, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Delay in filing complaint - Condonation - Vigilance inquiry was going on regarding transaction in which accused was involved - Very high officers were under scrutiny of vigilance department - Considering red tapism and vigilance enquiry resulting in delay, delay in..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence at appellate stage - Parties can compound the offence even at the appellate stage of the proceedings - Once a person is allowed to compound a case conviction u/s.138 of the Act should also be set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint cannot be thrown out - If complaint is filed prior to date of cause of action same cannot be thrown out - Cognizance can be taken after accrual of cause of action...........
