Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - Accused has no probable defence for which complainant must be recalled and he must be granted leave to cross-examine complainant - Merely vague statements have been made in application to somehow try and fit the case within scope of S.145(2) of N.I.Act -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment sought to change the name of accused from "Managing Director, ABC Ltd....." to "ABC Ltd... through Managing Director..." - Order allowing amendment upheld...........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Alteration without consent of party to the negotiable instrument makes instrument void against anyone who is party to such a negotiable instrument at the time of making such alteration - However, where alterations are made in the cheque and drawer signs over it, that would..........
Negotiable Instruments Act, 1881, Section 138, 87 -- Dishonour of cheque - Change in year of cheque - Signature of accused over date column - Accused never denied his signature above the date column of cheque - Trial Court rightly observed that accused acknowledged correction of the date i.e. year of cheque - Alteration does not disentitle complainant from negotiating the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 2 cases - Concurrent running of sentences - Accused convicted in two cases for offence u/s 138 of the Act - Sentences passed in two cases ordered to run concurrently...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction - Cheque presented and dishonoured at place `B' - Compliant filed at place `T' - Offence u/s 138 of the Act can be tried by Court within whose jurisdiction the branch of the bank where payee maintains the account is situated, if cheque is delivered through an account - Cognizance taken..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Transaction in between complainant and A-1 - Accused A-3 was not a party to the said transaction - In the absence of any legally enforceable debt against A-3, cognizance of offence taken by Magistrate against A-3 for offence u/s 138 of the Act, is impermissible - Proceedings against A-3 quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence subject to depositing an amount of Rs.75,000 - Accused failed to deposit amount of Rs.75,000 despite repeated opportunities - Time to deposit said amount was extended two times - Accused has apprehension of being arrested on account of..........
