Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Even if a cheque is issued as a security for a liability and unless that liability was discharged, holder of cheque can present the cheque for collection and if it is dishonoured, offence u/s 138 of the Act would attract...........
Negotiable Instruments Act, 1881, Section 138, 56 -- Dishonour of cheque - Part payment made before encashment of cheque - When a part payment of cheque is made after the cheque is drawn, but before the cheque is encashed, such payment must be endorsed on the cheque u/s 56 of the Act - Cheque cannot be presented for encashment without recording the part payment and if..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - Enhancement of sentence - S.386(b)(iii) Cr.P.C expressly bar the appellate Court from enhancing the sentence in an appeal filed by accused from a conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - In an appeal from conviction, appellate court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such appellate Court or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 402 -- Dishonour of cheque - Conviction - Appeal by accused in Court of Sessions - Complainant filed revision petition before High Court - Revision petition filed in High Court ordered to be transferred to Court of Sessions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Dismissal of appeal - Non-appearance of appellant/accused - Appeal dismissed, as there was no representation for appellant on the date of hearing of appeal - Dismissal of criminal appeal in default cannot be legally sustained and as such, same is liable to be set aside -..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 413Proviso -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant was victim of crime as defined u/s 2(y) of BNSS - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Comparison of signatures of accused on loan documents with admitted standard signatures - Petitioner has not disputed the fact regarding availing of loan by him from complainant and regarding submission of loan documents and the fact of issuance of cheque in question in the name of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Cheque dishonoured with remarks `contact the drawer drawee' do not lead to any inference of dishonour of cheque being not on account of insufficiency of funds - It is a matter of trial and cannot be considered at the stage of summoning...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Prima facie from the documents on record is shown that cheque had been issued by petitioner no.2 in favour of complainant, which is asserted to be in discharge of existing legal liability - Prima facie ingredients for summoning u/s 138 of the Act are made out and petitioners..........
