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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(3) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Grant of leave to prosecute should not be as a matter of routine, but should be on just and equitable basis, when materials reveal that Court below has not appreciated the materials in proper perspective...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transfer of complaint - Complaint cannot be transferred at the instance of accused - However, accused can always apply for grant of exemption from personal appearance to concerned Court - Transfer petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Compromise - Recovery of unpaid amount - Dispute between parties compromised and order of acquittal was passed reserving liberty in the event of default in payment by accused to complainant to invoke S.421 Cr.P.C - Accused defaults in payment - Criminal..........
Negotiable Instruments Act, 1881, Section 138, 141, Insolvency and Bankruptcy Code, 2016, Section 14 -- Dishonour of cheque - Offence by Company - Directors - S.14 of IBC applies to corporate debtor and it is not applicable to natural persons - Directors being natural persons are not exonerated from criminal liability u/s 138 of N.I. Act - Petition for quashing of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Applicants have not signed any cheques in question - No statutory notices were sent to them - Their specific status and role is not specified in the complaint - Their liability to pay that amount under dishonoured cheque is not established from averments in the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by partnership firm - Neither any notice issued to partnership firm nor partnership firm was joined as an accused - Complaint filed only against one of partners of firm is not maintainable - Proceedings quashed qua the applicant...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused admits her signature on cheque and issuance of said cheque - However, accused sets up a defence of issuing the cheque by way of security for loan of Rs.50,000, which is not even proved in accordance with law - Evidential burden which was cast on accused is not properly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - If offence u/s 138 of the Act is duly proved, accused is to be sentenced with a fine of twice the cheque amount as such accused is sentenced to fine twice the cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques were proved to be given by accused in discharge of liability of loan - Burden is on accused to prove as to how and when he paid the loan and why should he pay the loan without taking the cheque, which he failed to do so - Guilt of accused proved - Conviction upheld...........
