Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Complainant has adduced oral evidence and he has also produced cheque in question from his possession - No convincing explanation from the side of defence as to how cheque in question reached in the hands of complainant - Held, a vague explanation is not sufficient to..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint on behalf of society - Maintainability - Complainant is a Society registered under the Societies Registration Act, 1860 - No resolution was passed authorizing "N" to lodge a complaint on its behalf - Held, complaint filed by "N" on behalf of society could not have been considered as a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Trial - Quashing of order summoning witness - Application filed by respondent/complainant u/s.311 Cr.P.C. was allowed whereby witness from Office of Registrar of Companies was allowed to be examined - Quashing of impugned order sought u/s.482 Cr.P.C. - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused sentenced and directed to pay compensation u/s 357 (3) of the Code - Accused faced rigorous of criminal prosecution for the past six years and served out of the substantive sentence of imprisonment for 39 days - Substantive sentence reduced to one only..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused convicted - During pendency of revision complainant filed an affidavit indicating his satisfaction in settlement of the dispute and receipt of the defaulted amount - Compounding of offence allowed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption u/s 139 - Initial burden to establish liability was not discharged - Held, presumption u/s 139 cannot be raised...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Held, it is well established principle of law that in an appeal against acquittal, appellate Court will be slow in interfering with Judgment and order of acquittal - Even if a second view is possible, the one accepted by the trial Court cannot be disturbed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of directors - Quashing of - No denial of the fact that one of the directors who was not actually in charge of day to day affairs of petitioner No.1 company and died while another director resigned before cause of action..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Compounding of offence - Petitioner suffered conviction and sentence on account of dishonor of cheque of amount of Rs 50, 000 - Compromise entered into between parties during pendency of revision under which petitioner paid full amount of cheque to complainant - Conviction set aside as offence u/s 138 NI Act is..........
Negotiable Instruments Act, 1881, Section 138 - - Dishonour of cheque - Conviction - Suspension of sentence - At time of admission of revision, sentence awarded to appellant was suspended subject to condition that he shall deposit Rs.20 lacs out of compensation awarded to complainant - This included Rs.5 lacs already deposited with trial Court - The amount aforesaid amount..........
