Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused neither maintaining the account nor issued the cheque under her signatures - Complaint, held, not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Order taking cognizance - Quashing of - Cheques returned dishonoured by Bank for the reason that signatures of account holder are different - Account was in the name of another person - Held, impugned order taking cognizance against petitioner liable to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Does not come to rescue of accused to avoid penal liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan of Rs.1.60 lacs by a Govt. servant drawing monthly salary of Rs.6,000/7,000 per month - Loan without any written agreement or documentation and without any interest - Complainant proving withdrawal of Rs.90,000 from his bank account and the fact that complainant was running a committee giving..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question does not bear signature of accused - It has also come in evidence that accused did not close his account but it was closed by bank itself on very day (Day of dishonor of cheque) since there was no balance for debiting the service charges - Held, accused has rebutted the presumption..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Despite having knowledge of freezing the bank account of petitioner No.1 company by investigating officer, complainant has deliberately deposited cheque which has been dishonoured/returned - Petitioner-accused in reply to statutory..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence of - Held, for constituting the offence u/s 138 of the N.I. Act what is required is issuance of cheque by a person from the Bank account maintained by him and that same is dishonoured on presentation within stipulated period of its validity and issuance of notice within the period stipulated and..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - A perusal of complaint showing that the same has been filed against petitioner in his individual capacity and not in his capacity as a Director authorized signatory of company - Contention of Petitioner that the premises was leased..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Courts should, unless there are special circumstances, in all cases of conviction, uniformly exercise the power to levy fine upto twice the cheque amount (keeping in view the cheque amount and the simple interest thereon at 9% per annum as the reasonable quantum of loss) and direct..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of first complaint for default - Second complaint - Held, filing of second complaint is barred only when first one has resulted in conviction or acquittal or even discharge of accused on merits - Second complaint is not barred if dismissal of earlier one was not on merits but on account of..........
