Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presentation of cheque for the second time - Held, if dishonour of cheque has once snowballed into a cause of action it is not permissible for a payee to create another cause of action with the same cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partner or proprietor of firm - Contradictory stands taken in notice and complaint - In the statement recorded u/s 313 Cr.P.C. it has not been put to accused whether he was a proprietor or a partner of the firm and what is his concern with the firm - Opportunity to explain not given - Considering the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Revisional jurisdiction - Exercise of - Held, scope and ambit of exercise by revisional authority is to set right and correct the infirmity and illegality, procedural and otherwise, in orders of inferior courts - But every infirmity is not liable to be corrected but only such of them which is of such a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction - Compensation - Imposition of default sentence - Power of court - Held, it is within the competence of court to award default term of imprisonment when compensation is awarded u/s 357(3) which otherwise would be rendered ineffective and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of imprisonment - Held, offender convicted of the offence u/s 138 of the N.I. Act need not be incarcerated in prison for a term as part of the punishment for such offence, except in a case involving exceptional circumstances justifying such punishment...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Fax (claimed to be the notice) has not been sent to accused company - Said notice does not say that petitioners must make payment of dishonoured cheque within a period of 15 days of receipt of said fax - It also does not say that in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 178(d) -- Dishonour of cheque - Territorial jurisdiction - Determination of - Held, offence u/s 138 can be completed only with concatenation of following acts - (1) Drawing of cheque; (2) Presentation of cheque to Bank; (3) Returning cheque unpaid by drawee Bank; (4) Giving notice in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused cannot be exonerated of penal action only because the liability was of some third person...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Two cheques of Rs.42, 600 and Rs.50, 000 - In each case accused sentenced to 2 months SI and to pay compensation in the value of the cheque amount - Entire cheque amounts paid - Sentence reduced to 15 days SI in each case which to run concurrently and compensation enhanced to another sum of Rs.15,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Originally issued of a/c No.1242 - This a/c No. scored off and instead thereof a/c No.1367 incorporated which also belonged to accused - Cutting not authenticated by accused - Accused never intended to issue cheque in relation to his account No.1367 to discharge his outstanding legal liability and..........
