Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Physical presence of payee is not necessary for presenting cheque before bank of payee for encashment through his account...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused handed over cheque to PW1/brother of complainant, as complainant was working abroad - Being the brother of complainant, PW1 presented/deposited cheque before bank of complainant - Power of attorney executed later by complainant in favour of PW1, for filing complaint has nothing to do with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted that he borrowed Rs.2 lakhs from complainant and issued cheque - However, no date was put in the cheque - Accused has no case that he ever repaid that amount - When there was default from part of accused, to repay that amount, complainant had every authority to fill up the date and to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - When an application is filed by appellant u/s 389 Cr.P.C. for suspension of sentence, it is presumed that he is seeking suspension without any..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Closure of evidence of complainant - Ample opportunities were given to complainant, however, he failed to avail the same and did not presented himself for examination - For his causal, unscrupulous and obnoxious behavior, he should be admonished and penalized..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - Appellant has been acquitted in proceedings u/s 138 of N.I. Act - Money subject matter of dispute stands paid - All criminal proceedings, inclusive of FIR u/s 174-A IPC, shall stand closed - Appellant's status,..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Recovery suit - Jurisdiction of Court - Suit based on promissory note can be filed where defendant resides or where cause of action arose - Decision of plaintiff to file the suit where cause of action occurred does not negate the jurisdiction of Court there...........
