Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved that cheque was issued towards discharge of liability - Burden shifts on accused to show that no consideration was paid or cheque was not issued by him - Accused stated that cheque was issued to some other person and said person was not examined - Nothing on record to show that cheque..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary procedure - If procedure of summary trial is strictly adhered to by trial Court irrespective of complexities involved in the case, it is accused who is likely to be prejudiced as only substance of evidence would be record and right of extensive..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Summary procedure - Trial Court adopted procedure of a summons case while trying the matter - No request was made by accused for trying the case in a summary manner - Moreover, no prejudice is shown to have been caused to accused - Plea raised by accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Examination of handwriting expert - Expert not examined inspite of grant of opportunity at the time of defence evidence - Accused in his examination u/s 313 Cr.P.C. pleaded that he is not interested to lead defence..........
Negotiable Instruments Act, 1881, Section 138, 9 -- Dishonour of cheque - Holder in due course - Purchaser of cheque is a holder in due course and it is not necessary that in favour of purchaser of cheque, there should be an indrosement also - Complaint u/s 138 of the Act by such holder in due course is maintainable...........
Negotiable Instruments Act, 1881, Section 138, 9 -- Dishonour of cheque - Holder in due course - Cheques in question were issued by original accused no.1 in favour of accused no.2 - Accused no.2 indorsed those cheques in favour of accused no.3 i.e applicant, who in turn further indorsed the same in favour of complainant for consideration - Complainant being holder in due..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Benefit of probation - Applicability - Statue does not prohibit the applicability of provisions of S.4 of 1958 Act in cases u/s 138 of N.I.Act, as offence is punishable with only 2 years imprisonment - More so, trial Court would have to assign reasons for..........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Mere offer of accused to reimburse the cheque amount cannot be considered as obliging complainant to compound the offence but same would definitely have a bearing on sentence to be passed - In the instant case, action of complainant in not accepting the offer..........
