Negotiable Instruments Act, 1881, Section 138, 142(b), Criminal Procedure Code, 1973, Section 204 -- Dishonour of cheque - Summoning of accused - Validity - Complaint filed on 06.02.1995 after serving demand notice on 14.01.1995 - Cause of action to institute complaint arose when no payment was made within 15 days from date of service - Thus, right to lodge complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Petitioner/accused has admitted regarding issuance of cheque - He has also received notice issued by opposite party/complainant and within statutory period - He did not pay amount and had not taken any step to pay payment during trial also - He was also not able to substantiate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appellant/complainant neither made a full disclosure of all the facts in its complaint nor he produced any document to show that payment of Rs.1,75,000/- by respondent/accused was against some other transaction - Appellant also failed to establish that respondent is under..........
Civil Procedure Code, 1908, Section 151 -- Occupancy charges - Payment of - Defendants/petitioner directed to pay occupancy charges - Petitioner admitted to have issued a cheque in favour of plaintiff for Rs.1,50,000/- - Plea that cheque was given towards security of friendly loan and that rent was never increased to Rs.15,000 p.m. - ADJ has recorded a finding of fact in..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant alleged that accused purchased cement bags from him and cheque issued for payment of price of same was dishonoured - Complainant failed to adduce any evidence regarding sale of cement bags as averred in complaint - Suppression of material facts by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357, 421, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Sentence in default of payment of compensation - Held, Court can impose sentence in default of payment of compensation - Plea that only recourse can be had to S.421 of the Code for enforcing the order of compensation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Modification - Dishonour of cheque amounting to Rs.25,000/- - Trial Court imposed sentence of fine of Rs.3,000/- in default simple imprisonment for two months and directed Rs.1000/- to be paid as compensation to complainant - Revision against - Held, accused shall pay a fine of Rs.28,000/-..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of Cheque - Conviction - Validity - Cheque issued by petitioner to opposite party for discharging liability was returned by Bank with remarks "stop payment" - Contention of petitioner that she is neither concerned with any business of her husband nor has accepted any..........
Indian Penal Code, 1860, Section 417, 420 -- Dishonour of cheque - Cheating - Proof - Complainant stated that accused cheated him by not making payment of money within time - There is no iota of evidence adduced by complainant that on date of issuance of dishonoured cheques accused knew the fact that in her account there was no such amount available and still she..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Location of collecting bank - Territorial jurisdiction - Held, collecting bank has no status other than that of an agent - It is not collecting bank that refuses payment or where cheque is dishonoured - Jurisdiction, therefore, cannot be decided on basis of location of collecting bank - Once..........
