Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Fine/Compensation - Directions to pay compensation in regard to the loss on account of dishonour of cheque should be practical and realistic - In the instant case cheque amount was Rs.7.75 lakhs and a fine of Rs.1,000/- only was imposed - Accused to pay a fine of Rs.10.00 lakhs in addition..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of security cheque - Accused failed to produce evidence to prove that cheque was issued as security in favour of complainant - However, complainant successfully proved on record that cheque was issued by accused in discharge of his lawful liability but same was dishonoured on account of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled the disputes between themselves - Compromise between parties is already on record - It is thus, a fit case for allowing them to compound the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings are quasi civil - All suggestion or question regarding defence of accused must be put up in cross-examination of principal witness of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint liability - Cheque issued from joint account of petitioner and co-accused - However, cheque was not signed by petitioner - Petitioner not being drawer of cheque, cannot be prosecuted - Complaint qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Supreme Court can transfer case u/s 138 of Negotiable Instruments Act, if it is expedient for the ends of justice...........
Negotiable Instruments Act, 1881, Section 138, 142(1), Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case from one State to another State - Four out of six complaints filed at Delhi and two at Nagpur - All the six complaints relate to same transaction - It would be advisable to have a common adjudication to obviate possibility of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by `special attorney' appointed by Power of Attorney holder - Power of attorney holder cannot delegate his powers to another person but the same can be delegated when there is a specific clause permitting sub-delegation - In the instant case company appointed power of attorney..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Power of attorney holder - Having personal knowledge of the transactions - He has the capacity to depose...........
