Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Firm was arrayed as an accused but summons was issued to its partner personally - It is not a proper service for firm because partner was not impleaded as accused in the complaint - Summoning order and non-bailable warrant issued against partner quashed...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Order to pay 20% of cheque amount as compensation - Order passed mechanically without any application of mind and/or otherwise recording the reasons as to why accused is directed to pay interim compensation - Impugned order set aside...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal against conviction subject to condition to deposit 20% of fine amount - Petitioner seems to be in financial distress - Looking at the financial condition of petitioner, directing him to deposit 20% of..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of total fine amount - There was no exceptional circumstances which were found by appellate Court in not directing for deposit of 20% of total fine - Order directing to deposit 20% of fine amount is proper - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 148A, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of compensation amount - Appellate Court passed the order without considering the fact whether accused is able to make out a ground that his case falls under exceptional category which warrants grant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Money lending license - Not relevant in a case of dishonour of cheque - In a case of dishonour of cheque it is to be seen whether cheque was issued in relation to a valid loan and was dishonoured without payment, even after giving notice...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of documents - Accused did not even file any affidavit in support of application u/s 91 Cr.P.C - Even, he failed to demonstrate as to how documents sought for are necessary and relevant for judicial disposal of case - Application filed only to delay..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - No loan transaction between complainant and accused - Loan is alleged to have been given to one `S' and accused is alleged to have undertaken to discharge the liability of said `S' - Except for the oral evidence of PW1, there is no material evidencing any such undertaking - Even, said..........
