Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Quashing of FIR - Compromise arrived at between parties in proceedings u/s 138 of N.I. Act - Complainant withdrew his complaint and petitioner discharged on the basis of compromise - In such..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Amicable settlement between parties and complaint u/s 138 of NI Act withdrawn - Proceedings u/s 174-A IPC cannot be permitted to continue...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from surrendering - Accused out of 7 lakhs in view of settlement, paid Rs.4 lakhs to complainant - Three Courts have concurrently convicted accused u/s 138 of the Act - Exemption from surrendering is of discretion of Supreme Court - Held, without going into merits of case, application for..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - On perusal of record, it is noticed that trial Court has ventured in discussing merits of case on basis of plea taken by accused in application, despite fact that there was no occasion to discuss same at this stage that too in..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Application by accused u/s 145(2) of the Act was dismissed - Legislature by using word `shall' in S.145(2) of the Act has casted a mandatory duty upon Court to call witnesses for examination/cross-examination on application of prosecution or accused - Thus, Magistrate failed to consider that..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - When accused admits his signature on disputed cheques and complainant discharged initial burden, then presumption u/s 139 of the Act definitely gets attracted in favour of complainant - However, said presumption is definitely rebuttable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit and prosecution u/s 138 of N.I. Act initiated - Both the proceedings can run parallel - Amount found not recoverable on merits by civil Court - Amount cannot be recovered in a prosecution u/s 138 of N.I. Act - Judgment of civil court is relevant in this context to decide as to whether amount..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint and order declaring accused as proclaimed offender - Petition u/s 482 Cr.P.C. by an accused who is declared proclaimed offender is not maintainable - Accused should first move the Court who had declared him a proclaimed offender and even..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Admittedly, present petitioner neither signed cheque in question nor signed nor witnessed Distributorship Agreement - Even it has not been averred that petitioner was even present at time of signing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Permission to send cheque to FSL for expert opinion - As per complainant, case filed in year 2011 and once at request of petitioner cheque was sent to FSL for expert opinion and now petitioner again want to send the same again to expert which will not serve any purpose - Even, report of expert itself..........
