Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint to introduce a plea that fourth accused was incharge and responsible to the company for conduct of its business - Amendment if allowed, will result in substantial change in nature and character of the case causing serious prejudice to the fourth accused - Petition for amendment..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Legality of - Complainant and respective parties were present but as trial court was busy with another matter, the matter could not proceed further and the matter was adjourned to 08.03.2011 - Thereafter on 08.03.2011 complainant or his learned advocate could not..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Compounding of offence - Dishonour of cheque amounting to Rs.60,000/- - Compromise had taken place between parties outside court - In pursuance to that complainant/no, applicant received an amount of Rs.80,000/- in cash from accused/applicant - Held, application for..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant/no, applicant made a statement at bar that compromise has taken place between parties outside Court and in pursuance to that complainant/no, applicant has received an amount of Rs.55,000/- from applicant/accused and prayer is made for compounding the offence u/s..........
Negotiable Instruments Act, 1881, Section 138, 20, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Counter-complaint - Quashing of - Counter-complaint filed by accused alleging forgery on the ground that complainant himself filled up the amount and date in a blank cheque - Held, same does not amounts to forgery in view of the provision of S.20 of the NI..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of missing cheque and that no transaction took place between complainant and accused and that there is no whisper in the complaint for what purpose the cheque was issued - Held, the burden is on accused to prove that no such cheque was issued which can only be rebutted after leading evidence - No..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Repayment of loan - Complainant proved due receipt of cheque - Followed procedure laid down in S.138 of the Act - Bank Manager spoke that cheque was drawn on account of accused and the same was returned for the reason "insufficient funds" - Held, given the facts of the case, no reason to interfere with..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Denial with regard to service of notice - Held, it can only be considered by leading evidence by both parties - At this stage meticulous analysis is not required and cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Contention that no notice was received by applicant and that applicant has already paid the amount in dispute - Even if allegation made in the complaint as well as the documentary evidence brought on record are taken at their face value and accepted in their..........
