Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheque for the second time - Held, if dishonour of cheque has once snowballed into a cause of action it is not permissible for a payee to create another cause of action with the same cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partner or proprietor of firm - Contradictory stands taken in notice and complaint - In the statement recorded u/s 313 Cr.P.C. it has not been put to accused whether he was a proprietor or a partner of the firm and what is his concern with the firm - Opportunity to explain not given - Considering the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of imprisonment - Held, offender convicted of the offence u/s 138 of the N.I. Act need not be incarcerated in prison for a term as part of the punishment for such offence, except in a case involving exceptional circumstances justifying such punishment...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 18, 27 -- Opium - Recovery of 25 grams - As per Central Government notification if an accused is found in possession upto 25 grams of opium then such accused can be awarded such sentence as meant for 'small quantity' - Sentence reduced to already undergone i.e. two years and 7 months...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused cannot be exonerated of penal action only because the liability was of some third person...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques of Rs.42, 600 and Rs.50, 000 - In each case accused sentenced to 2 months SI and to pay compensation in the value of the cheque amount - Entire cheque amounts paid - Sentence reduced to 15 days SI in each case which to run concurrently and compensation enhanced to another sum of Rs.15,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Originally issued of a/c No.1242 - This a/c No. scored off and instead thereof a/c No.1367 incorporated which also belonged to accused - Cutting not authenticated by accused - Accused never intended to issue cheque in relation to his account No.1367 to discharge his outstanding legal liability and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Firm - Managing partner concerned with the affairs and management of the firm alone can be prosecuted without prosecuting the firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Firm - Prosecution of firm, managing partner and other partners of the firm - Finding of trial Court that managing Partner alone was responsible for commission of offence u/s 138 of the Act - Managing partner alone convicted - Held, it is permissible in law despite the fact that remaining partners..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - The day on which cause of action had arisen has to be excluded for counting the period of limitation for filing complaint u/s.138 of the Act...........
