Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Account closed' - Return of cheque on account of `Account closed' constitutes offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Plea that cheque was issued during course of business and not for discharge, in whole or in part, of any debt or liability - In view of presumption u/s 139 of the Act, it will be presumed that said cheque was issued in discharge..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of Income Tax Return - Matter remained pending for securing presence of accused from the year 2009 to 2014 - Again matter remained pending for cross-examining the complainant and opportunity of cross-examining the complainant was closed - After..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Parallel proceedings under Arbitration Act and criminal action in terms of S.138 of the Act can be maintained - If at all there is any award in proceedings before arbitration, then at the most, it can be a defence to accused and cannot be a ground to hold complaint u/s 138 of the Act not maintainable -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit - If civil suit is decreed on the same cause of action of the amount covered under the cheque, the deposit made in criminal case has to be adjusted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint development agreement stipulating that any dispute has to be referred to arbitrator - Accused acquitted solely on this ground - Acquittal cannot be legally sustained - Impugned order set aside - Matter remanded for disposal of the same in accordance with law by giving opportunity to both the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Directors resigned from accused company before issuance of cheque - Therefore, they in no way are responsible for conduct of business of company at the relevant time - Complaint qua directors quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Company not arraigned as an accused - Accused signed the cheque as authorized signatory of Company - Company certainly is required to be joined as accused - In the absence of company being arraigned as accused, accused cannot be held vicariously liable for the offence - Accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Except for one or two occasions, no absence of complainant was recorded - Complainant was out of India and said fact was not brought to notice of trial Court - Due opportunity is required to be given to parties to adduce..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused paid the amount of cheque - Leniency should be shown in favour of accused - Order of sentence to undergo S.I for one year and to pay sum of Rs.55,000/- to complainant set aside and accused shall pay a fine of Rs.5,000/-...........
