Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Compounding of offence - Petitioner has already remained behind bar for more than four months - Matter has been compromised between parties - Accused-petitioner has paid due amount to complainant - Learned counsel for complainant-respondent has also admitted the fact that alleged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant with his family residing at Sirsa, maintaining bank account there, cheque deposited and information as to dishonour of cheque received there, Legal notice sent from Sirsa - Not a case of accused that complainant does not reside at Sirsa and still the cheque was deposited at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that there is no averment as to how they are liable and that they are not responsible for the conduct of business - Contention has no merit as there are specific allegations in complaint - Held, these questions are a matter of proof which can be gone into during trial...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(2) -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Imposition of condition - While suspending sentence appellate Court directed to pay 1/4th of cheque amount - Condition was not imposed for entertaining the appeal itself - Held, term to pay 1/4th of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - A5 and A6 partners of accused partnership firm along with A4 did not actually present the cheques for discounting - Held, they cannot be held guilty along with A4...........
Negotiable Instruments Act, 1881, Section 138, 141(2) -- Dishonour of Cheque - Offence by company - Complaint filed against Company and three others including petitioner - Petitioner neither signed any cheque nor he was privy to decision to issue cheques - Held, case against petitioner cannot be brought within purview of S.141(2) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable only when proprietor of the firm proves his nexus or connection with the firm as a proprietor - Mere statement in affidavit in this regard is not sufficient - Proprietor has to produce documentary evidence to connect himself with the firm...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Complaint is maintainable in the name of `payee' a proprietary concern itself or in the name of the proprietor of the concern...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proprietorship firm - Issue as to ownership of firm - Can be resolved only by having recourse to general law i.e. Companies Act 1956 or by civil law where an individual carries on business in the name or style other than his own name and not by taking recourse to S.142 of the Act...........
