Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Court while sentencing accused for offence u/s 138 of the Act has to keep compensatory part in mind which has to be commensurate to cheque amount and not to exceed twice the amount, so that it can be appropriated towards the compensation payable to complainant u/s 357 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Notice was sent to accused in accordance with provisions of the Act - Telegram was also sent to accused and in response he requested to present the cheques again for repayment - By making such request it reveals that no letter to stop payment had been moved by accused to Bank as alleged..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of right of cross-examination of accused - Several opportunities though were given to accused to cross-examine complainant however, grounds and reasons shown by accused for failure in doing cross-examination seem to be justified - One more opportunity of conducting cross-examination by accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - When cheque is dishonoured for the reason `account closed', it cannot be presumed that accused has not issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Bank account closed - Execution of cheque proved - Accused did not successfully rebut presumption in favour of complainant - He has no case that he has not borrowed the money - Accused has not explained how his cheque happened to be in possession of complainant - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 254 -- Dishonour of cheque - Production of two promissory notes by which accused had taken loan and to discharge the amount he issued the cheques which were dishonoured - Copies of said promissory notes were already provided to accused before trial Court - Order allowing application of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors on the date of issuance of cheque and who signed the cheque as authorised representative of company but not directors on the date when cheque was presented to bank for encashment - Status of Directors can be tested and adjudicated upon by trial Court after parties..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director had already resigned from Directorship of Company before issuance of cheque in question - No liability therefore, can be affixed upon such director - Proceedings qua such director quashed...........
