Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Magistrate has no power to impose fine more than double the cheque amount - Since Magistrate has imposed the fine of Rs.4,30,000 which is beyond the jurisdiction of trial Court, as cheque amount is Rs.2 lakhs only, fine amount reduced to sum of Rs.3,25,000...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Lis is between two private parties and no State machinery is involved - Imposing fine of Rs.30,000 payable to State set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Recall of complainant for cross-examination - Statutory presumption u/s 138 of the Act against accused has to be dislodged by way of materials and cross-examination - Admittedly, complainant was not cross-examined - Cross-examination of complainant is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Accused by way of additional evidence sought examination of mother of complainant - Specific case of complainant is that accused borrowed loan from his mother and she issued cheque in favour of accused which got..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction of availment of loan and when he admits that cheque belongs to him and it bears his signature, question of accused disputing the transaction does not arise at all...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - When accused in his reply notice admitted the transaction itself, calling upon complainant to prove the transaction again does not arise at all - It is for accused to rebut the presumption, but he has not taken any pain to substantiate his claim regarding repayment - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Sentence - Cheque amount is Rs.5 lakhs - However, conduct of complainant in prosecuting the wife of accused in respect of cheque for Rs.10 lakhs is also questionable - It is thus, just and proper to impose fine of Rs.6 lakhs to accused which would serve the purpose - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that accused was in custody at the time of issuance of cheque but no evidence produced to prove the same - Plea that cheque was stolen by complainant in his absence - Accused is brother-in-law of complainant and in the absence of any direct and reliable evidence, it is highly improbable that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Antecedents of accused is not clean as he is involved in different criminal cases of cheating and number of complaints u/s 138 of the Act registered against him - Though accused had already undergone the sentence of 2 years, however, he refused to pay the compensation amount of Rs.10 lakhs -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If cheque is dishonoured for following reasons then it will be sufficient for prima facie case for issuing process, viz. (i) case referred to drawer (ii) instruction for stoppage of payment (iii) exceeds arrangement (iv) insufficient fund (v) signature differed or mismatch (vi) account closed...........
