Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Case of accused that he had handed over the cheque only as a security - Though he had discharged debt/liability due to complainant but cheque was not returned to him - Held, contention is unacceptable since accused did not send any notice nor did he take any action to get back..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Prosecution of guarantor in individual capacity - Quashing of complaint - Held, a person named as a guarantor in loan agreement cannot be prosecuted as an accused in a case u/s 138 of the Act - Complaint quashed - Petition allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Locus standi - Complaints were filed by "R" as proprietor of M/s.Resoursys - He being the proprietor of firm in whose favour cheque in question was issued - Held, he was only competent person to file complaint being its proprietor...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Territorial jurisdiction - Transaction between parties took place at Delhi - Cheques in question were issued at Delhi - They were deposited for encashment in bank at Delhi and that drawee bank of petitioner was stated to be at Delhi - Held, Delhi Court apparently had territorial jurisdiction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Despite several opportunities given to complainant to adduce evidence complainant failed to adduce any evidence - Trial court passed an order u/s 256(1) of Cr.P.C. - No decision taken by Magistrate on merit inspite of the fact that cognizance is taken - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Plea of accused that complainant obtained signed blank cheque from accused by threatening him - Plea held, not tenable as mere suggestions of threat etc. are of no avail - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Plea of accused for want of statutory notice - Plea held, baseless as endorsement shows it was returned as `not claimed' - Conviction upheld...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Reduction of sentence - Sentence awarded is very harsh and disproportionate to offence and such a harsh sentence not warranted - Conviction set aside - Accused directed to suffer imprisonment till rising of Court and pay compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for default - Complainant remained absent on date of hearing - But he preferred an application for exemption on the said date on account of his sickness and health ground - Held, it cannot be construed that complainant was not diligent..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Acquittal - Validity - Complainant stated in his complaint that legal notice was returned back unserved in connivance with postal peon - No evidence has been adduced by complainant to show that there was any connivance between postal peon and accused due to which said notice was returned with..........
