Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order can be challenged u/s 482 Cr.P.C. even though remedy of revision is available...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount within a period of 30 days - Appellate Court is under mandate to allow a period of 60 days for depositing amount as required u/s 148(1) of the Act - Impugned order set aside to the extent that accused was afforded only a period..........
Negotiable Instruments Act, 1881, Section 138, 50 -- Dishonour of cheque - Endorsement on cheque - Disputed cheque did not contain a valid endorsement as required u/s 50 of the Act - Mere signature of holder on back side of cheque in question is not enough to held holder in due course - Complaint not maintainable - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Bail - Complainant was not alive on the date of passing impugned orders of rejection of bail - Such orders could not have been passed as complaint itself had abated - Impugned orders of rejection of bail not legally sustainable and thus, set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account dormant - When cheque is dishonoured with endorsement `account dormant' it means `account inactive' for want of funds and same would attract an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65B -- Dishonour of cheque - Computer generated statement of account, Ext.P7, without certificate as mandated u/s 65B of Evidence Act - PW2 Deputy Manager of bank examined who gave categorical evidence that when cheque was presented, account showed `zero balance' and such statement was gathered by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused can either adduce independent evidence or rely on evidence tendered by complainant to rebut presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 397 -- Dishonour of cheque - Revision - Power of revision available to High Court u/s 401 Cr.P.C r/w 397 Cr.P.C, is not wide and exhaustive to re-appreciate evidence to have contra finding...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311A -- Dishonour of cheque - Comparison of handwriting on cheque - Signatures on cheque not disputed by accused - Even if, writing on other portions of cheque is not in the hand of accused, it will not make any effect on merits of the case - Issue that is required to be adjudicated by..........
