Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Parties have settled the dispute amicably and cheque amount is already paid by applicant to respondent No.2 - Applicant has also deposited a sum of Rs.10,000/- with State Legal Services Authority - No objection in permitting applicant..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65, 66 -- Dishonour of cheque - Notice - Proof of - Office copy of statutory notice - Original notice issued by complainant and received by accused in possession of accused persons - Notice to produce original is not required when the document is itself a notice - No objection can be taken to the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Authorisation signed by person claiming himself to be authorized signatory of appellant company - Not explained who the authorised signatory was and for what purpose authorisation was granted - No resolution of board nor any other document produced in evidence to show that person who signed said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that cheque was never intended to be used for realising amount - Material contradiction between examination-in-chief and cross-examination - It only probablises the defence taken by accused - Defence has established correctness of stand taken by means of preponderance probabilities...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114(g) -- Dishonour of cheque - Notice - Sent at wrong address - Postal acknowledgement not produced - Presumption arises that complainant failed to produce best evidence available i.e. original register maintained by postal authorities - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 177, 178 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2 lacs - Trial court imposed fine of Rs.4 lacs without awarding imprisonment - High Court enhanced fine to Rs.6 lacs - Matter remained pending for adjudication for 14 years - Complainant an old lady - Amount of fine increased by further 2 lacs without awarding jail sentence - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for default - Setting aside of - Imposition of costs - Petitioner has been following up complaint right from the year 2003 i.e. from about 7 years - Held, impugned order liable to be set aside - Complaint is restored to its original number subject to payment of Rs.10,000/- as costs..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque taken as advance - Cheque not issued for discharge of any debt or liability legally recoverable - Accused is not liable for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - When sentence does not form part of fine then Court is competent to order for compensation - When fine is imposed then Court is competent to order for payment of compensation the whole or any part of fine to the complainant...........
