Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence can be compounded even during pendency of appeal - Petitioner permitted to compound the offence - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Body of cheque need not to be written by the signatory to the cheque - A cheque could be filled up by anybody if it is signed by the account holder of the cheque...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - `Closed account' - Two cases filed - One u/s 138 NI Act and the other u/s 420 IPC - Accused convicted in both the cases - Sentence will run concurrently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Sent by registered post at correct address received back with postal endorsement `unclaimed' - Notice will be presumed to have been served ...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - There is presumption that accused issued cheque in discharge of debt or liability - This presumption is a rebuttable presumption...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Time barred debt - Issuance of cheque towards time barred debt is not a legally enforceable debt within the meaning of S.138 of the Act - Complaint and all proceedings emanating therefrom quashed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 21 -- Dishonour of cheque - Company - Complaint against director of company - Annual return produced showing details of share-holding of petitioner as director of company - Other share-holders having only nominal shares - Quashing of complaint sought on basis of annual returns to show that..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Vicarious liability - Complaint filed against Director of the Company - Held, complainant has to allege and prove that said Director was in-charge and responsible for day to day conduct of the business of the Company at the time when the cheque was dishonored - In the absence of proof,..........
Legal Services Authorities Act, 1987, Section 21, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Award of Lok Adalat - Quashing of - Plea of complainant that said award for repayment of cheque amount has not been complied by the accused - Since award of Lok-Adalat has all trappings of civil Court it cannot be set aside or put..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Part payment made before presentation of the cheque - It should be endorsed and claim should be limited to the extent of liability - If inspite of part payment demand notice is issued of the entire amount of cheque and prosecution is launched for the entire amount then no offence u/s 138 of the Act is..........
