Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Drawer of cheque - Term `drawer' referred to in Ss.148, 143-A of the Act means `drawer of the cheque concerned'...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Offence by Company - Signatory of cheque authorized by Company is not a `drawer of the cheque' u/s 148 of the Act, so as to empower the Appellate Court, in an appeal against conviction for an offence u/s 138 of the Act, to direct to deposit compensation of any sum u/s 148(1) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Appeal against conviction - Appellate Court in an appeal against conviction u/s 138 of the Act, could not place a condition to deposit an amount invoking the power u/s 148(1) of the Act, mechanically without considering whether the case falls within exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in furtherance of an unlawful act cannot give rise to criminal liability under the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Any debt or liability arising from a contract or promise that is unlawful, immoral or not legally enforceable does not attract provision of S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount was paid as a bribe to accused for securing Government employment - Payment made as a bribe, being an illegal and immoral transaction, does not constitute a legally enforceable liability - No offence u/s 138 of the Act is made out - Accused acquitted...........
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..........
