Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed through General Power of Attorney holder - Original GPA not produced - GPA neither aware of the transaction involved in the complaint, nor did he assert such knowledge in the complaint nor he had sworn in the affidavit that he was aware of the transactions involved - Dismissal of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Accused ready to pay - Dropping of proceedings without consent of complainant - Where an appropriate amount is offered/deposited, Court may consider dropping the proceedings by taking into consideration, objections if any, without obtaining consent of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Dropping of proceedings where an appropriate amount is offered/deposited, which in the opinion of Court is appropriate for duly compensating the complainant, without obtaining direct consent of complainant - Court is empowered to apply its discretion in terms..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of bank officials along with cheque no.702331 - Cheque no.702331 has no relevance to the case and there is no averments with respect to relevance of said cheque - Complaint filed on the basis of Cheque no.703232 - Moreover, witnesses intended to be..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406, 34 -- Dishonour of cheque - Transfer of two complaints to one Court for simultaneous disposal - Transfer of complaint from Exclusive Court to any other Court or to transfer trial arising out of FIR registered u/ss 420, 406, 34 IPC to Exclusive Court u/s 138 of the N.I. Act is not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In order to attract liability u/s 138 of the Act, mens rea is not an ingredient...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant specifically admitted receiving of part payment of Rs.4,00,000 from accused but categorically stated that cheque issued by accused for balance amount was dishonoured - Accused failed to prove the defence taken by him - Though accused set up a case that he had not issued any cheque but no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Right of accused to cross-examine the witness was closed on the ground that he failed to file an application u/s 145(2) of the Act - However, on the said date he was exempted from personal appearance - Accused thus, was not afforded reasonable opportunity to file application u/s 145(2) of the..........
