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/-...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Accused signed the cheque - Opinion of handwriting expert with regard to the age of ink used in making the signature on the cheque and the age of the signature and contents of cheque - Application filed by accused wholly frivolous and trial Court had rightly rejected the..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed beyond the period of one month from the date of receipt of notice - Magistrate could not have taken cognizance of offence in view of provision contained in S.142(1)(a), (b) of the Act - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Complaint by company - Evidence of Power of attorney/PW1 - PW1 had given evidence as branch accountant of complainant company and not as Power of Attorney - Transaction was prior to appointment of PW1 in company - PW1 has no direct knowledge regarding transaction - When complainant limits the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney who filed the complaint needs to aver that he has knowledge of complete transaction...........
