Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Notice - Reliance on certain documents - Accused demanded those documents and reserved her right to give reply to demand notice after receiving the documents - However, documents were not provided to accused - Magistrate could have dismissed the complaint by..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Complaint against Executive Director of company alone - Accused was not drawer of cheque in his personal capacity, but he was an agent of the corporate entity - In the absence of Company as party to proceedings, prosecution against..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Impleadment of additional accused - No additional accused can be impleaded subsequent to filing of a complaint once the limitation prescribed for taking of cognizance of offence u/s 142 of the Act has expired...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Magistrate has discretion to impose sentence of fine which may extend to double the amount of cheque and therefore, sentence of fine whenever imposed by criminal Court upon conviction of accused u/s 138 of the Act must be sufficiently enough to adequately compensate the complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Complaint u/s 138 of N.I Act and prosecution u/s 420 IPC - Both can run simultaneously against accused, as both offences are independent offences...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Trial Court while acquitting the accused has considered each and every aspect of the matter and also considered the evidence produced before it in its right perspective - There are major contradictions, omissions and improvements in the statement of witnesses - Prosecution has..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - More than three cheques - Single complaint in respect of dishonour of more than three cheques is maintainable if a consolidated notice of demand is served upon accused...........
