Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Accused took loan from the complainant and executed promissory note in lieu thereof - Subsequently accused issued two post dated cheques for the repayment of loan obtained against promissory notes - No evidence that cheques were given by way of security - Held, cheques were issued in discharge of subsisting legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Wrong cheque number mentioned in demand notice and complaint - Mistake in one figure only - During the period of transaction only one cheque issued by the accused in the name of complainant which was dishonoured - Accused did not reply the demand notice on the ground that wrong cheque number was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of Rs.1.84 Lacs involved - Trial court convicted accused - Fine of only Rs.5,000 imposed - Proprietary of - Held, when once Court holds that accused is guilty of offence punishable u/s 138 it should take steps to adequately compensate complainant if it wants to take lenient view - Matter..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Panchayat President - Quashing of complaint sought by President and Vice President of Panchayat - Held, Panchayat Board is a local authority and not a `company' - Not amenable to prosecution for offence u/s 138 of the Act - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Compromise - Quashing of - Compromise between parties - Held, in view of statement made before Court as well as affidavit filed by complainant regarding compromise, there is no impediment to exercise inherent powers u/s.482 Cr.P.C for quashing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Bank memo received on 5.5.1997 - Notice issued on 21.5.1997 - Notice not sent within 15 days of receipt of information regarding dishonour of cheque - Accused acquitted - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Quashing of - Averment that petitioners/directors were i, charge of and responsible to company at the time of commission of offence, which is an absolute requisite has not been made - Held, proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques issued by accused in lieu of supply of glass bottles by complainant - Cheque when presented for encashment dishonoured with endorsement `stop payment' - Before filing complaint for dishonour of cheque, complainant complied all the mandatory procedure - No reply was given by accused to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - If the complainant calls upon the accused to make payment at a place mentioned in the demand notice and the accused fails to make payment at that place, part of cause of action arises at that place...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Registered office of complainant at Mumbai, purchase order placed at Mumbai, statutory notice issued from Mumbai and accused was called upon to pay the amount at Mumbai, cheque was deposited at Mumbai and it was dishonoured at Mumbai - Held, Court at Mumbai has jurisdiction...........
