Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Cheque amount paid and complainant received the same - It shall be taken that parties have compounded the offence - With the amendment introduced in S.147 of the Act, every offence punishable under the Act is compoundable...........
Negotiable Instruments Act, 1881, Section 138 -- Security - Loan taken - Agreement executed to repay loan within six months and cheque issued as security to be encashed in case of failure to pay loan amount - Loan not paid - Cheque which had been issued as security transforms itself into a cheque representing liability in terms of agreement - Accused is guilty of offence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 309(1) -- Additional evidence at appellate stage - When despite grant of time for defence evidence, the accused fails to avail of the opportunity of leading defence evidence, he cannot complain that he was not given reasonable or proper opportunity - Proper and reasonable opportunity..........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (b) - 'Within thirty days' - Means information received from the bank where cheque is presented for collection and not from information sent by drawer's bank to payee's bank...........
Negotiable Instruments Act, 1881, Section 138 -- Proviso (a) - Presentation of cheque to the bank within a period of six months from the date on which it is drawn - Means cheque to be presented to the Bank on which the cheque is drawn...........
Negotiable Instruments Act, 1881, Section 139, 138 -- Dishonour of cheque - Insufficiency of fund - Complainant by presenting evidence proving outstanding liability from accused - Statutory notice was served well within time - Insufficiency of funds not disputed by accused - Accused upon receipt of notice filed suit before Munsiff Court to avoid misuse of cheque by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque issued as collateral security - Provision of S.138 is not attracted as there was no subsisting liability or debt on the date of issue of cheque - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Proprietorship firm - Cheque issued by proprietor - Firm need not to be impleaded as a party - Proceedings can be launched against the person who had drawn the cheque whether it is in his capacity as the proprietor of the firm or in personal capacity...........
Negotiable Instruments Act, 1881, Section 138 -- `Stop payment' - Non fulfilment of conditions of contract by complainant - Contents of accusation read over to accused - Case fixed for evidence - No question of stopping the proceedings arises - Application for quashing of complaint rightly dismissed by Court below...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 73 -- Cheque - Name, date and amount alleged to be put by the complainant and complainant denied this suggestion - Court directing for comparison of handwriting of complainant with the disputed handwriting on the cheque - Held, Magistrate has committed no illegality or irregularity...........
