Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Accused sentenced to RI for six months and to pay fine of Rs.5000/- with default sentence - Cheque amount Rs.2, 37, 000/- - Sentence modified - Accused directed to pay double the amount of cheque as compensation to the complainant and in default..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Presumption is in favour of holder of cheque that it was issued to discharge debt or other liability - Plea that cheque was stolen and misused can only be proved during trial - Proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint - Delay - Condonation - Delay of thirteen months - Reason stated negotiations were going on - Accused borrowed a sum of Rs.one lakh - Stake quite heavy - Complainant has given sufficient reasons for condoning the delay and he had also taken steps to settle the matter in the presence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Dishonour of 3 cheques of Rs.25, 000/- each - Conviction - Accused sentenced to undergo 2 months RI and a fine of Rs.5, 000/- imposed with default sentence - Order modified - Accused directed to pay compensation twice the amount of cheque to the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Company - Conviction of company and A2 - Company sentenced to pay fine of Rs.25, 000/- - A2 was sentenced to suffer imprisonment for one month - A2 also directed to pay compensation of Rs.15 lacs to the complainant - Appeal against - Appellate Court while..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Fine and compensation - Distinction between sub-sections (1) and (3) of S.357 Cr.P.C. - Magistrate cannot award compensation in addition to fine - Compensation cannot be recovered forthwith unless period of appeal expires - There is no reason as to why the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Chairman or Director - Pleading - There must be an averment that the person who is vicariously liable for commission of the offence of the Company both was incharge of and was responsible for the conduct of the business of the Company - Such requirement must be read conjointly and not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Directors - Pleading - As a result of fall out of non payment negotiations were held between parties wherein Respondent Nos.2 and 3 took part - Held, there is no doubt that ingredients of S.141 of the Act stand satisfied...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 200, 190 -- Dishonour of cheque - Summoning order - Recall of order - Magistrate has no jurisdiction to recall the summoning order - A Magistrate does not have and, thus, cannot exercise any inherent jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Summary trial - Provision of S.256 Cr.P.C. applies - Non appearance of complainant on date fixed for appearance of accused - Magistrate has no option but to acquit accused unless he chooses to adjourn the proceeding to some other date...........
