Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Application for discharge - Dismissal of - Validity - Plea of accused that notice was not served to him within 30 days of communication of dishonour of cheque - Complainant's stand that notice was sent to accused at his address, but fully knowing well about notice sent to him through..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Appeal against - Accused failed to rebut the presumption available/s 118 of the Act - Magistrate did not frame the points and deal with the matter properly - Impugned order set aside - Matter remitted for decision afresh in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Compounding of offence - Accused paid cheque amount to complainant and also deposited fine imposed by trial court as per trial court order - Additional sum of 15% of the cheque amount imposed by way of cost which not..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Court can acquit an accused u/s 256(1) Cr.P.C. only on either of the two days viz. (i) the day appointed for appearance of the accused if summons has been issued and (ii) any day subsequent thereto, to which the hearing may be adjourned...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1), 256(1) -- Dishonour of cheque - Plea of not guilty when recorded in a summons case, Court shall without fail post the case for hearing and shall not, instead, straight away post the case for evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1) -- Dishonour of cheque - Expression 'any day subsequent thereto which the hearing may be adjourned' appearing in S.256(1) Cr.P.C. refers to that day which is immediately succeeding the day appointed for appearance of the accused after recording the plea of not guilty...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254(1) -- Dishonour of cheque - Purpose of hearing prosecution at an early stage in a summons case - Analysed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - There is nothing in the provision of S.256(1) Cr.P.C. to show that an accused can be acquitted on 'any day to which the case is posted for evidence...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1) -- Dishonour of cheque - Acquittal of accused u/s 256(1) Cr.P.C. - Magistrate Courts acquit the accused even at the fag end of the case, giving untenable reasons, such as it is a long pending case and it is included in the target; the complainant is not adducing evidence despite..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256(1), 254(1) -- Dishonour of cheque - Court shall not acquit an accused u/s 256(1) Cr.P.C. in a case where evidence is taken in part or full u/s 254(1) Cr.P.C...........
