Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Wrong implication of a person as accused - Complainant on its own or trial Court can give opportunity to drop any or all of the accused persons - In case complainant insists to continue proceedings against all or any of the accused persons then Magistrate while deciding the matter finally may pass..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Company - Complaint against company and Directors - Petition to quash complaint on plea that complaint not disclosing as to how Directors are incharge and responsible to company for day to day business and that cheque in question stood discharged as another cheque in lieu thereof was issued - Two of the Directors..........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Fine - Magistrate first class can impose sentence exceeding Rs.5000/- in view of new provision of S.143 inserted with effect from 6.2.2003...........
Criminal Procedure Code, 1973, Section 357(2), Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction for two years and fine imposed of Rs.90 lakhs - Appeal against - Suspension of sentence subject to deposit of 25% of amount of fine - Order valid - No payment to be made to complainant before decision of appeal...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Maintainability of complaint - Issuance of cheque as security - No complaint shall lie u/s.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint against non-signatories to cheque - Maintainability - It is not disputed that A3 and A4 are the signatories to the cheque - Merely because they are the wife and son of A2 who is the Managing Director of A1-company and they are the Directors of A1 company, it cannot be said that they are liable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Amendment - Correction of cheque number - Confusion in number of cheque occurred due to rubber stamp overlapping on the cheque number - If correction of cheque number is permitted it will not ipso facto prejudice the defence of accused - Amendment allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured thrice - Notice issued on dishonour of cheque for the third time - Complaint filed thereafter is not barred by limitation - Plea of accused that complainant had orally informed the accused after dishonour of cheque for the first time - Not tenable - Requirement of the provision is..........
Indian Penal Code, 1860, Section 406, 420, 120B, Negotiable Instruments Act, 1881, Section 138 -- Loan money - Cheque issued for return of loan - Petitioner alleged to have persuaded complainant to give loan in question to accused No.1 and loan so given misappropriated by accused No.1 - Nothing stated against petitioner - Proceedings against petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Required ingredients fully proved - Single line in cross examination that first talk of business deal took place in Jan-Feb. 2000 not sufficient to disbelieve complainant's case - Evidence has to be read as a whole - Evidence of PWs. 1 to 3 clearly established fact of transaction between parties prior..........
