Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused deposited cheque amount of Rs.6,50,000 along with 12% simple interest p.a from the date of cheque till date of actual payment besides a sum of Rs.1 lakh payable additionally - There is thus, no point in restoring the proceedings - Despite lack of consent of complainant, it is a fit case to..........
Negotiable Instruments Act, 1881, Section 4 -- Promissory note - Defendant denied the execution of promissory note and plea taken that it was forged - Plaintiff discharged his burden by examining one of attestor in the pronote as PW2 and examining scribe of pronote as PW3 - Court compared the signatures on pronote with signature of defendant on suit summons and came to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Magistrate imposed the sentence of double the cheque amount without assigning any reasons - Even, first appellate Court has not assigned any reason to confirm the sentence imposed by Magistrate - Ends of justice would be met if fine amount is reduced from Rs.3,00,000 to a sum of..........
Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - Plaintiff discharged his initial burden by examining scribe of promissory notes, as there are no attestors to promissory notes - Evidence of scribe well supports the case of plaintiff - To rebut the evidence of plaintiff, defendant except examining herself did not produce any evidence -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant had given different versions regarding consideration and his version regarding issuance of a cheque in discharge of legal liability for a valuable consideration became doubtful - Accused denied his signatures on the cheque - Presumption u/s 139 of the Act will not be attracted - Acquittal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Summoning order must reflect application of mind and reasoning before a Court decides to issue summons to a person - Mere rote recitation in the summoning order that there is sufficient material before Court to proceed against accused, does not in the least reflect application of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - It is necessary to lay down certain pre-requisites that a Magistrate must address and that must be reflected in summoning orders in cases u/s 138 of the Act, so as to ensure that summoning orders are not issued mechanically and that they contain at least a brief discussion on the..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant filed an affidavit admitting that accused has paid the amount to his satisfaction and that he has no objection if conviction is set aside - When accused and complainant have reached a settlement permissible by law and Court is also satisfied itself regarding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by power of attorney holder in his own name and not as power of attorney holder of payee of cheque - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured for the reasons `refer to drawer' is fully covered u/s 138 of the Act...........
