Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Govt. undertaking - Complaint filed by Branch Manager - No power of attorney executed in favour of Branch Manager on the date the complaint was filed - Power of attorney was executed in favour of Branch Manager much later of filing of the complaint - No clause in power of attorney ratifying the earlier..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Premature complaint - Demand notice - 20.09.1995 is the date of refusal to receive notice as per postal endorsement - 15 days fell on 05.10.1995 - Complaint filed on 05.10.1995 - Complaint should have been instituted on or after 16th day - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 139, 118A -- Dishonour of cheque - Appeal against acquittal - Cheque in question was not issued in the name of complainant - Complainant has failed to establish the ingredients of S.138 of the Act by discharging his initial burden to prove the existence of legally recoverable debt or liability - Provisions of Ss.118-A, 139 of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear due to lack of knowledge about transfer of case - Stage of case was for securing appearance of accused - Magistrate was not justified in straight away dismissing the complainant and ordering..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial assistance - Failure to show if any sum was advanced towards financial assistance - Cheque amount not reflected in complainant's balance sheet - Other partners of firm did not depose as prosecution witnesses to establish that cheque amount was advanced to accused as financial assistance -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parallel proceedings under Arbitration Act and criminal action in terms of S.138 of the Act can be maintained - If at all there is any award in proceedings before arbitration, then at the most, it can be a defence to accused and cannot be a ground to hold complaint u/s 138 of the Act not maintainable -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint development agreement stipulating that any dispute has to be referred to arbitrator - Accused acquitted solely on this ground - Acquittal cannot be legally sustained - Impugned order set aside - Matter remanded for disposal of the same in accordance with law by giving opportunity to both the..........
