Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit and prosecution u/s 138 of N.I. Act initiated - Both the proceedings can run parallel - Amount found not recoverable on merits by civil Court - Amount cannot be recovered in a prosecution u/s 138 of N.I. Act - Judgment of civil court is relevant in this context to decide as to whether amount..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 315 -- Dishonour of cheque - Accused seeking permission to examine himself as his own witness after defence evidence was closed - There is no bar to examination of accused as his own witness in disproof of charge against him before judgment - Complainant will not suffer any prejudice as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Handwriting expert has given opinion stating that writings marked in cheques were found to have been executed on document with prior signature marked at a different time with different ink - But handwriting expert has not been examined or cross examined in order to arrive at a opinion..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit more than 25% of the fine amount - Appellate Court is empowered to impose a minimum of 20% and maximum amount can go to any extent and it can go upto the fine/compensation amount, imposed by the judgment appealed against...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Respondent having no objection for compounding - Judgment of conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by appellate Court - Leave to appeal against acquittal - Appellate Court failed to appreciate that there was no proper defence in the light of the fact that amount was received by accused and he had issued a cheque in favour of complainant - Even, in statement u/s..........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Territorial jurisdiction of Court - Complaint of complainant returned to be presented before Court of competent jurisdiction - Complainant immediately assailed the said order by filing present proceedings - Present proceedings would be deemed to be continuation of proceedings before trial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two complaints filed against petitioner which were identical and in both the cases, two cheques allegedly issued by petitioner - Both the complaints were consolidated and common evidence was led - Petitioner convicted in both the cases - However, in appeal petitioner acquitted in another case - Said..........
