Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Required ingredients fully proved - Single line in cross examination that first talk of business deal took place in Jan-Feb. 2000 not sufficient to disbelieve complainant's case - Evidence has to be read as a whole - Evidence of PWs. 1 to 3 clearly established fact of transaction between parties prior..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Power of Magistrate to impose sentence of fine exceeding Rs.5000/- - Accused convicted under Section 138 of N.I. Act - Magistrate can only impose a sentence of fine not exceeding Rs.5000/- - In view of provisions of S.29 Cr.P.C. imposition of penalty or fine of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Complaint u/s 138 - Dismissal in default at the stage of arguments - Order dismissing the complaint in default not justified and the said order can be corrected in exercise of revisional jurisdiction - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138 -- Firm - Managing Partner - Dishonour of cheque - Prosecution of Managing partner - Specific averment as to `responsible for conduct of affairs of firm' - Not required when cheque is signed as Managing Partner of the firm...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Firm - Managing partner issued cheque to discharge liability of firm - Cheque dishonoured - It is not essential to prosecute the firm/company also before the person in charge is sought to be prosecuted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Identity of signatory of a cheque is not a question to be considered by trial Court...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Complaint against partners - Complaint not disclosing that at the time the offence was committed petitioner was in any way incharge of and was responsible for the conduct of the business of the firm - Complaint quashed against petitioner...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Normally double the amount of cheque is awarded - Court u/s 357(3) Cr.P.C. can award unlimited amount of compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 235 -- Dishonour of cheque - Sentence - Quantum - In summons case, no separate opportunity of hearing on the question of sentence is required to be given to the accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner disputing liability less than the cheque amount - Can only be decided when parties lead evidence - Complaint cannot be quashed on this count...........
