Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Trial Court sentenced accused to six months imprisonment and directed to pay fine of Rs.5,000/- - Revisional Court directed accused to pay compensation of Rs.7,20,000/- to complainant - Plea that revision was not maintainable for reason that complainant could have filed an appeal under new..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Conviction - Validity - Whether petitioner/accused could have been convicted on ground that he issued cheque as general attorney of Proprietorship firm? - Held, yes, vide this power of attorney sole proprietor of Proprietorship Firm constituted petitioner/accused as her lawful general power of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Partnership firm - Sufficient averments in complaint as to vicarious liability of partners - A partner whether retired at the relevant time can only be decided after parties lead evidence - Discharge at the threshold u/s 482 Cr.P.C., held, not proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default for non appearance of complainant - Principles of natural justice require that opportunity be given to the parties to prosecute, as well as to contest the matter, on its own merits - Order of dismissal set aside...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint - Substitution of Power Agent - Power Agent resigned from job and left complainant-firm - Substitution petitions filed by firm and same were allowed by impugned order - Held, firm has to be represented by some person in place of said Agent - No irregularity or illegality in impugned order..........
Negotiable Instruments Act, 1881, Section 138,147 -- Dishonour of cheque - Compounding of offence - Entire amount involved deposited in Court during pendency of case - Complainant does not want to prosecute further - Held, to meet ends of justice offence allowed to be compounded - Complainant permitted to withdraw money deposited in trial Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complainant remained absent on three consecutive occasions - No adjournment asked - Complaint dismissed on default - Held, dismissal of complaint u/s 256 of Code on ground of no, appearance of complainant is merely a technical dismissal and not on merits -..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once the issuance of cheque has not been disputed, the holder of cheque is entitled to invoke the presumption u/ss 118 and 139 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Proof - Courts below have held that cheque has been issued for purpose of discharging the existing legal liability - Said cheque has bounced for insufficiency of funds - Held, presumption u/s 139 of the NI Act is a rebuttable presumption and accused is entitled to rebut the presumption - But in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction and sentence - Appeal - Complainant died during pendency of appeal - Dismissal of appeal - Validity - Held, opportunity ought to be given to petitioner/accused to implead LRs of complainant and to put forth their case before appellate Court - Case remanded to first appellate Court for..........
