Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Loan advanced to accused from the account of firm and not from personal account of complainant - Books of account or income Tax returns of firm of complainant have not been produced - Had the complainant produced said documents, facts concerning enforceable debt could have been easily..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(2) -- Dishonour of cheque - Appeal against acquittal - Appeal lies to High Court u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Petitioners not signed the cheque - There is no averment about role played by petitioners - Proceedings qua petitioners quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Non disclosure of reply to the legal notice - Complainant denied factum of receipt of reply - Liberty is given to accused to raise all the pleas before trial Court - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of summoning order - Issue that cheque was based upon a contingent condition - To be proved by leading cogent evidence by both the parties - High Court merely upon reading the conditions attached with invoice cannot conclude that other conditions which accused is required to fulfill have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Settlement arrived at between parties - Complainant has signed the compromise deed accepting a particular amount in full and final settlement of default amount and fine amount awarded by trial Court - Proceedings u/s 138 of the Act quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise arrived at between parties - Complainant received the settled amount - He has not been able to prove any other enforceable liability against accused - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Cancellation of order granting suspension of sentence and bail - Violation of condition to deposit the amount - Total amount agreed to be paid by two directors has not been paid - Interim protection granted by way of bail and suspension of sentence would stand..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
