Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Trial - Compromise - Matter has been settled between parties and in view of provision of S.147 of N.I. Act, orders of conviction and sentence passed by Courts below set-aside - Revisionist entitled to acquittal - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Agreement for credit facility entered into by parties at Indore and availed the same at Indore - Cheque in question issued at Indore against account maintained with Bank at Indore - Cheque presented and dishonoured at Indore and intimation of dishonour received by complainant at Indore -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque issued by accused at Delhi from account maintained in a Bank at Delhi - Complainant deposited the cheque at Pune with its bankers for presentation to the drawee bank at Delhi - Complainant's bank at Pune does not become banker to whom the cheque is presented - Notice of demand..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Magistrate taking cognizance on the basis of affidavit filed in support of complaint - Held, no illegality has been committed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65, 66 -- Dishonour of cheque - Notice - Proof of - Office copy of statutory notice - Original notice issued by complainant and received by accused in possession of accused persons - Notice to produce original is not required when the document is itself a notice - No objection can be taken to the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 177, 178 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2 lacs - Trial court imposed fine of Rs.4 lacs without awarding imprisonment - High Court enhanced fine to Rs.6 lacs - Matter remained pending for adjudication for 14 years - Complainant an old lady - Amount of fine increased by further 2 lacs without awarding jail sentence - Held,..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Offence under Narcotic Drugs & Psychotropic Substances Act - Accrual of right of bail on account of non-submission of charge sheet within statutory period - However, charge sheet submitted before accused could be released on bail upon completion of formalities..........
Industrial Disputes Act, 1947, Section 25(N), Factories Act, 1948, Section 2(m) -- Respondent-workman claimed reference under Industrial Disputes Act alleging that his termination/retrenchment of service by petitioner-establishment was not valid and justified - Respondent did not utter a word regarding petitioners being an industrial establishment or factory engaged in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque taken as advance - Cheque not issued for discharge of any debt or liability legally recoverable - Accused is not liable for offence u/s 138 of the Act...........