Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Sentence of fine - Transaction between complainant and accused Nos.1 to 3 was business transaction that took place in the year 2009 - Conclusion of trial has taken nearly four years - Matter which was taken in appeal has taken nearly 1-1/2 years and matter is pending before High Court since nearly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by proprietorship concern - Where no evidence was led to prove that complainant was owner of a proprietorship concern, he cannot be called to be a payee or holder in due course - Complainant thus, not entitled to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - In order to claim benefit of presumption, there must at least be basic allegations specifying the obligation for which accused issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When cheque is claimed to relate to a large liability, complainant should at least make basic allegations regarding total amount due, sale consideration fixed and date of agreement, payment schedule etc...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 225 -- Dishonour of cheque - Summoning of accused - Drill of S.225 BNSS not followed before issuance of process - Summoning order set aside - Matter remitted...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 84 -- Dishonour of cheque - Proclaimed person - Satisfaction recorded by trial Court cannot be stated to be proper since no effective service of notice/bailable warrants/non-bailable warrants was proved to have been effected upon petitioner - Action of trial Court by switching..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accepted by a relative - No evidence that accused was aware of service of notice on his relative - If there is no such evidence, it is to be presumed that statutory notice is not served on accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Money financing business - Complainant doing finance business, as finance/chit company was also being run at the same address mentioned by Complainant - Complainant denied said facts - However, detailed cross-examination as to various dates on which amounts were borrowed and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused pleaded guilty and deposited cash amount of Rs.2,00,000 and prayed to pay remaining amount in instalments of Rs.1,00,000 - However, Court directed to pay monthly instalment of Rs.1,50,000/- - Trial Court even thereafter recorded evidence and finally convicted accused - Sessions Judge allowed..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Every offence punishable under the Act is compoundable...........
