Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - During pendency of proceedings u/s 138 of the Act accused entered into compromise with complainant - As per compromise deed accused issued cheques and same got dishonoured and thereafter accused challenged compromise deed as null and..........
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order of deposit of 20% of amount of fine or compensation as awarded by trial Court - If lower Appellate Court has passed order of deposit of 20% of amount, then although..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.13.50 lakhs by a pensioner - Fact that complainant was a pensioner cannot be a ground for presuming that he did not have the capacity to make the loan payment - Some part of this loan was paid through cheques - Some amount paid in cash proved to be withdrawn from bank account - Evidence on..........
Negotiable Instruments Act, 1881, Section 138, 139, 141, 118(a) -- Dishonour of cheque - Complaint u/s 138 of the Act - Offence by company - Blank cheque - As per accused, he signed blank cheques by way of security - As per complainant, cheques issued towards payment of outstanding dues - Onus lies on complainant to prove that amount quantified in cheque is existing..........
Civil Procedure Code, 1908, Order 37 -- Summary suit for recovery - Dishonour of cheque - Allotment of plot - No liability admitted on the part of defendants which would entitle plaintiff to institute a suit U.O.37 CPC - Cheque issued by defendant could be treated at the best, as part payment towards repurchase of nine flats from plaintiff - Remedy of plaintiff does not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any payment to complainant..........
Negotiable Instruments Act, 1881, Section 138, 15 -- Dishonour of cheque - Part payment paid - No endorsement made for the same either on the back of the cheque or face thereof - Complainant claimed cheque amount - Held, no offence u/s 138 of the Act is made out...........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made during validity of cheque and before presentation - Complaint filed for the balance amount without there being compliance of endorsement as provided u/s 56 of the Act - Endorsement as required u/s 56 of the Act has to be obtained before presenting the cheque to claim the balance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Essential ingredient for attracting liability u/s.138 of Act is that the person who is to be made liable should be drawer of cheque and should have drawn the cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for discharge,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Capacity to advance loan - As per accused, he demanded friendly loan of Rs.1,50,000/- and as per complainant at relevant time he was not having Rs.1,50,000/- and gave only Rs.1,35,000/- by borrowing from his Mamaji by mortgaging the gold - However, complainant failed to tell the name of his..........
