Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Directors - Appellants are neither signatories to cheques nor are whole time directors - Statutory notice was admittedly not served to accused - Most important averment which is required u/s 141(1) of the Act that Directors were in charge of, and were responsible for the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand is a condition precedent for filing a complaint in view of S.138(c) of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of Cheque numbers - Accused admitted in his examination u/s 313 Cr.P.C qua actual cheques with corrected numbers - Bank records and trial testimony also supports assertion that incorrect typing of cheque numbers in legal notice was a bona fide error that was..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a compromise and complainant received entire amount towards cheque in question - There is no outstanding amount or any dispute regarding payment pending between parties - Matter is purely inter se between parties - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Four cases - Sentence - When conviction arises out of single transaction, concurrent sentences are merited but not when there are several transactions over a period of time...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Four cases - Sentence - When conviction arises out of single transaction, concurrent sentences are merited but not when there are several transactions over a period of time...........
Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Order passed u/s 143-A of N.I. Act - Revision before Sessions Court against such an order is maintainable, as order passed u/s 143-A of N.I Act is intermediate order and not interlocutory order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented not within three months of its issuance - Clarification that accused assured him encashment of cheque and insisted to present cheque after couple of days - Clarification is an attempt in despair to bring the presentation within validity period - Trial Court committed no mistake in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Comparison of writings on cheque - Accused pleaded that he issued blank cheque and complainant subsequently filled it up - Even, if case of accused is admitted to be true, S.20 of N.I Act comes into operation - Moreover, accused was also questioned u/s..........
