Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Defence plea of accused - Offence u/s 138 of the Act, is an offence in personal nature of complainant and since it is within special knowledge of accused as to why he is not to face trial u/s 138 of the Act, he alone has to take plea of defence and burden cannot be shifted to complainant...........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - Defence plea of accused - Once summoning order is issued in the case, it is obligation of accused to take notice u/s 251 Cr.P.C, if not already taken and enter his/her plea of defence before concerned Metropolitan Magistrate's Court and make an application, if they want to recall any witness...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Court does not find any material on record which can be stated to be of sterling and impeccable quality warranting invocation of jurisdiction of Court u/s 482 Cr.P.C at stage of summoning of accused - Moreover, defence as raised by..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of Negotiable Instruments Act and S.420 IPC - Dismissal of complaint on the ground that complainant is a money lender - Magistrate had not gone into merits of case as to whether necessary ingredients of S.138 of the Act were established or not -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Proof of a document not mentioned in complaint - In prosecution u/s 138 of the Act, complainant need not mention all facts relating to original transaction in the complaint or notice, as if in a plaint in a suit...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - If service is refused or service by absence could not be made effective, service could be deemed sufficient as per law - But in any case 15 days time prescribed by law should always be fulfilled to maintain complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Service of notice - Complaint is maintainable u/s 138 of the Act, only when it is filed after due service of notice as contemplated u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Sentence suspended subject to petitioner`s depositing 30% of total compensation amount as well as fine amount and by furnishing personal bond - Neither petitioner furnished bonds nor deposited compensation amount ordered -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - During pendency of proceedings there was a negotiation between complainant and accused because of this reason complainant did not tendered for cross-examination believing that dispute would be resolved - However, trial Court dismissed complaint and acquitted accused for offence punishable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........
