Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 296(2) -- Dishonour of cheque - Provisions of S.296(2) Cr.P.C. and S.145(2) Negotiable Instruments Act are not identical - Provision of S.296(2) Cr.P.C. deals with the evidence of a formal nature whereas provision of S.145(2) NI Act all evidences including substantive evidence may..........
Negotiable Instruments Act, 1881, Section 138, 143, 144, 145, 146, 147 -- Dishonour of cheque - Ss.143, 144, 145 & 147 expressly depart from and override the provisions of the Code of Criminal Procedure, the main body of adjective law for criminal trials - The provisions of S.146 similarly depart from the principles of Indian Evidence Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Drawee accepting cheque from drawer on the assurance of third person that cheque will be honoured - Third person cannot be liable - Complaint qua him quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge liability of another person - On dishonour of cheque person who issued the cheque is liable and not the person whose liability was discharged...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not issued within time - Acquittal upheld - Bank vide its letter dt.13.1.2003 intimated its dishonour - Complainant issued notice on 8.2.2003 - Amendment of notice period from 15 days to 30 days brought into force on 6.2.2003 - Amendment not retrospective in nature - Notice was required to be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued and duly served - No action taken on non payment - Notice issued for the second time - Complaint filed on the basis of second notice - Cause of action to file complaint on non-payment despite issue of notice, arises once - Another cause of action would not arise on repeated dishonour on..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Revision - Compounding of offence - A joint compromise memo filed by both parties - Held, considering the fact that the matter has been compromised between both parties, respondent herein is permitted to compound offence against revision petitioner/accused - Conviction and sentence..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Continuous business dealings - Rs.3 lakhs as outstanding dues - Five cash credit memos produced in evidence - Cheques issued towards part payment - Existence of legally enforceable debt outstanding in the name of accused at the material time becomes evident from the testimony..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonour of cheque - Accused aged persons aged persons and enjoying benefit of exemption from appearance - Permission sought for examination u/s 313 Cr.P.C. by supplying questionnaire to the Advocates - Held, pragmatic and humanistic approach is to be adopted as accused are unable..........
Negotiable Instruments Act, 1881, Section 138, 145, Evidence Act, 1872, Section 142, Constitution of India, 1950, Article 21 -- Dishonour of cheque - Complainant can tender affidavit in lieu of examination-in-chief u/s 145 of N.I. Act - Held, provision of S.145 of N.I. Act is neither violative of right of accused to have fair trial nor violative of provisions of S.142 of..........
