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..........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity of complainant - Complainant admitted that he did not have financial capacity to pay Rs.3,10,000 - He claimed that he had Rs.1 lakh in cash with him and he borrowed rest of amount from his two friends and his father - Complainant also admitted that he had known the accused for 8-9..........
