Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is old age person - Jail sentence of accused reduced from 6 months R.I to 3 months R.I with fine of Rs.3.90 lacs to complainant u/s 357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Application u/s 311 Cr.P.C. was dismissed - Accused indeed got numerous opportunities to adduce defence evidence yet kept on neglecting to adduce defence evidence and praying for adjournments - This went on for an unduly long period and there has to be an..........
Negotiable Instruments Act, 1881, Section 148(1), 138 -- Dishonour of cheque - Appeal against conviction - Deposit of minimum of 20% of fine amount or compensation - Such deposit is to be made within sixty days - Order to deposit for a period lesser than sixty days is illegal - It is mandatory for appellate Court to grant period of sixty days to accused to company with an..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint u/s 138 of the Act - Limitation - As per complainant she fell ill so she could not file complaint within time - Even, complainant filed medical certificate alongwith complaint - As complaint has been filed after amendment of S.142 of the Act came into force, complaint held, not barred by..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Cheque signed by A2 in his capacity as Managing Partner of company/A1 therefore, A2 liable to be convicted u/s 138 of the Act - However, complainant not adduced satisfactory evidence to show that A5 was actively involved in affairs of company - In absence..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Complainant failed to establish that cheque was drawn by accused on an account mandated by him with a banker, which on presentation was dishonoured for insufficiency of funds - Necessary ingredients of offence u/s 138 of the Act not established by complainant - Presumption u/s 139 of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advancing loan of more than Rs.20,000/- in cash and thus violating S.269-SS of Income Tax Act, 1961 - Any person violating the Income Tax Act would attract imposition of penalties under the said Act - However, same does not render said debt u, enforceable or precludes the lender from recovering the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Acquittal - Leave to appeal - Complainant failed to prove that cheque issued by accused in favour of complainant was for payment of `outstanding dues' - Therefore, offence u/s 138 of the Act is apparently not made out -..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso - Dishonour of cheque - Demand notice - Notice returned unclaimed and received by complainant on 14.9.2000 - Such date would be commencing date in reckoning period for 15 days contemplated u/s 138 Proviso Clause (c) of the Act - Since payment could have been made upto 29.9.2000 but when it is not made, cause of..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Limitation to file complaint - Computation of period of limitation - For computing period of limitation u/s 142(b) of the Act, date when cause of action arose would be excluded...........
