Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Loan transaction - Even if a cheque is given as security cheque, same can also be encashed when there is failure on the part of accused to repay the loan amount - Only because an alternative remedy is available same cannot be a ground for depriving a person of his dues - If the loan is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Mere fact there is a discrepancy qua rate of interest, not sufficient to disbelieve the claim of complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Dispute regarding rate of interest - If parties amongst themselves agreed to a rate which is not in conformity with Tamil Nadu Prohibition of Charging Exorbitant Interest Act, 2003, it was for accused to raise an objection or move appropriate forum for getting the same corrected and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Absence of accused when case was fixed for judgment - Application to dispense with his presence dismissed - Accused convicted - Non bailable warrants issued against him - Application of accused u/s 70(2) Cr.P.C. to cancel warrants and u/s 438 Cr.P.C. dismissed - Accused directed to appear before..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Independent Additional Director - Complaint lacks the necessary averments to endorse as to what was the active role of the petitioners and as to how the petitioners were guilty or responsible for the offence - Proceedings qua petitioners, quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Only the drawer of cheque who had issued the cheque is responsible for offence u/s 138 of the Act except the cases which are covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque in question was neither issued nor signed by applicant - Said cheque does not belong to account of applicant - Summoning order qua applicant quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Agreement to sell - Consideration mentioned in the agreement was frustrated by the act of complainant absolving the accused of his liability to pay the amount - Existence of consideration was not established - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(y), 413 -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant is victim of crime - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed - Appeal should have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security as claimed by accused - However, even if cheque was issued as security, accused will be liable for its dishonour...........
