Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Provision of S.142(b) of the Act cannot be considered to be effective with retrospective effect...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was given by accused to complainant for collateral security not as discharge of any debt or other liability - Conviction and sentence rightly set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures admitted - Plea of misuse of blank cheques - Bald assertion of misuse of blank cheques, in the absence of cogent rebuttal, cannot be accepted - Accused failed to rebut presumption u/s 139 of the Act - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter has been amicably settled between parties - Offence in question ordered to be compounded subject to payment of 10% of cheque amount as compounding fee by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment to add name of applicant No.3 in the cause title without any amendment in body of complaint - Name of applicant No.3 was not mentioned in cause title though there were specific averments against him also - Since no prejudice was caused therefore there was no illegality..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Specific averments in complaint regarding responsibility of both the accused in firm - There were sufficient grounds to proceed against accused at the stage and order was passed u/s 204 Cr.P.C - No interference warranted by exercising jurisdiction to quash the proceedings at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Disputed questions of fact arising in the case - Court cannot pre-conclude either guilt or innocence, without testing facts through trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Complaint decided on the basis of evidence recorded by predecessor Magistrate wherein entire memorandum of evidence of witnesses was recorded and not the substance of evidence - However, there was no order that matter would be tried as a summons case or as a regular trial - Does not vitiate the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Unilateral putting of date on cheque by complainant without authority of accused and even by not informing him - Amounts to material alterations and such cheque becomes void - Prosecution u/s 138 of the Act cannot be initiated...........
