Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Direction to expedite - Case has been hanging fire since year 2005 - Summoning order was issued on 07.08.2006 - For six years no action has been taken and case has not proceeded any further - Held, in these circumstances, a direction is issued to trial Court to conclude trial as expeditiously as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concealing facts in complaint - Concealment as to the date on which cheque was submitted to bank, when notice was sent and when same was received back undelivered - Intention appears to bring complaint within prescribed time limit - Complaint and order taking cognizance, quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant alleged that accused gave cheque in question towards discharge of liability of price of grains purchased by him - There was no documentary evidence to show transaction - Complainant did not return cheques taken as security despite payment - Held, possibility of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Complaint - Power of attorney - When can be examined - Held, power of attorney holder can institute a complaint as well as examine himself u/s 200 Cr.P.C. but it is possible only when he is personally aware about the facts and circumstances of the transaction..........
Evidence Act, 1872, Section 138 -- Cross examination - Not to be permitted beyond the scope of pleadings...........
Negotiable Instruments Act, 1881, Section 138, 141, 482 - - Dishonour of cheque - Complaint - Quashing of - Complaint filed by partner on behalf of u, registered firm sought to be quashed on ground that it is not maintainable - Held, complaint filed by partner on behalf of u, registered firm is maintainable - Proceedings cannot be quashed - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Revision against - Grant of bail - Accused convicted and sentenced to undergo two days imprisonment and to pay Rs.75,000/- to complainant - Held, bail granted to applicant subject to condition of depositing Rs.40,000/- - Order accordingly...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Presentation of cheque beyond validity period - Cheque was drawn on 23rd November, 2002 and period of six months within which, it could be presented to bank on which it was drawn, expired on 22.05.2003 - However, cheque was presented by complainant on..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Opinion of Expert - Dishonour of cheque - Denial of signature of drawer of a cheque - Held, best witness would be the concerned Bank Manager and not a handwriting expert...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant submitted an application that compromise is arrived at between parties and petitioner has paid full amount of cheque in question - Held, impugned judgment and order of conviction set aside in view of compromise arrived at between parties, with condition that..........
