Electricity Act, 2003, Section 135, 138 -- Theft of electricity - On inspection seals of meter found broken and meter found not running properly whereas accused were found using and carrying 4.73 KW load in excess - Conviction - Merely because no independent person was present at the time of inspection of the meter, it does not mean that evidence of both the witnesses of..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Blank cheque alleged to be given as security and that blanks filled up conveniently so as to suit the case of complainant - Expert opinion as to determination of age of ink used for signatures and age of the ink used to fill up other details of cheque -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant stated that whenever he gave clothes to respondent on credit, he used to obtain a cheque from him in lieu thereof and as soon as he used to get back price of clothes he used to return cheque to respondent - In same commercial relationship he had received cheque in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of two complaints - Cheque issued by borrower as well as cheque issued by guarantor dishonoured - Two complaints filed - Guarantor had issued cheque while executing deed of guarantee that dues under arrangement will be paid without any protest and notwithstanding any dispute between borrower and..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Plea that cheque was given towards security - Can only be decided in trial - Complaint and summoning order cannot be quashed on this ground...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Transfer of proceedings - Petitioner/accused filed a petition u/s 406 CrPC before Sessions Judge to transfer the case to any other Court apprehending that Magistrate has pre-determined the case and that no justice would be done to him - Conduct of petitioner..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Conviction - Legality - No reply was sent by revision petitioner/accused to statutory notice issued by complainant - Accused neither cross-examined witnesses nor let in any evidence to rebut the presumption u/s 139 of NI Act - In statement u/s 313 CrPC, about the incriminating materials, he..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Conviction - Sentence of fine - Correction by revisional Court - Extent of - While correcting illegality and impropriety, revisional Court has imposed fine of Rs.60,000/- upon petitioner for offence u/s 138 of the Act - Held, revisional Court is competent to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Cheque issued to settle dispute of property situated at Chandigarh - Cheque alleged to be given at Raipur where the respondent resides - Cheque presented in a Bank at Raipur - Notice given at Raipur - In a case of dishonour of cheque the subject matter of dispute is not that it was given..........
Negotiable Instruments Act, 1881, Section 138, 145, 146, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Evidence on affidavit of complainant and bank's slip are sufficient for taking cognizance of the offence u/s 138 of NI Act - Nothing is required for inquiry or for directing investigation before taking cognizance...........
