Negotiable Instruments Act, 1881, Section 138, 118 -- Dishonour of cheque - Presumption - Complaint u/s 138 of the Act - Legally enforceable debt - Cheque dishonoured with remark `payment stopped by drawer' - There is loan transaction between complainant/respondent and accused/applicant - Accused admitted transaction, execution of documents and receipt of demand notice -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Composite notice and complaint - Maintainability - Held dishonour of each cheque will constitute different offences - However, if cheques were inter-connected and pertaining to same transaction and composite notice was given for such cheques, then such composite notice and composite complaint shall be..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Summoning order - Validity - Petitioner No.2 was the only person who issued cheque in question to respondent - Summoning order issued against petitioner Nos.1 and 2 - Held, summoning order against petitioner No.1 liable to be quashed - Order accordingly...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal for default - Acquittal - Validity - Explanation offered by appellant that his advocate could not remain present as he inadvertently forget to post next date of hearing in his diary, leading to further defaults on four occasions, appears..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 15 cases - Concurrent running of sentence - Three different corporate entities - Sentence in cases dishonour of cheques relating to single loan transaction shall run concurrently - However, this concession is not applicable when borrowing company..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuances of process when accused not residing within jurisdiction of Court - It is obligatory for the Magistrate to postpone the process and make inquiry and after being satisfied, the process could be issued and there is no exception to this proposition on..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Complainant admitted factum of compromise between parties vide compromise deed wherein it was mentioned that entire amount of cheque has been received by him - Held, petitioner directed to deposit Rs.10,000/- with Distt. Legal Service Authority for compounding of offence -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Cheque issued by accused to repay loan advanced by complainant and her husband got dishonoured - Accused did not deny execution of cheques - No tenable explanation was offered by accused why no reply was sent to notice - His only case is that he was caused to execute cheques..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Cheque dated 13.09.2010 was presented in bank and intimation of dishonouring of cheque was received on 22.09.2010 - Notice of demand was issued on 04.11.2010 - Held, notice has been issued after lapse of 30 days from date of intimation received by opposite party - Furthermore,..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonor of cheque - Complaint - Quashing of - Petitioner No.1 had resigned from firm nearly one year prior to issuance of cheques - Held, it cannot be said that he was responsible for issuance of cheques or that he was incharge and responsible for day-to-day affairs of firm -..........
