Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by firm - Prosecution of partner - Cheque issued by accused No.1 from the account maintained by him as a proprietor of firm - Present petitioner has not signed the cheque - Held, petitioner cannot be held liable for prosecution - Application is..........
Negotiable Instruments Act, 1881, Section 1881, 138, 147, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Conviction - Revision - Compromise between parties - Accused agreed to pay amount due to complainant - Held, offence allowed to be compounded - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise reached between parties after pronouncement of judgment - Petitioner did not have a chance to move application before trial Court - He has availed chance before High Court - Held 15% interest should not be demanded from petitioner - However, considering fact that..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant - Territorial jurisdiction - Cheques in question were issued at Meerut - Cheques were sent for collection to drawee Bank at Meerut - Even notice of demand u/s.138 of N.I. Act was served upon petitioner at Meerut address - Entire cause of action for filing complaint u/s.138 has arisen at..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Cheque issued for supply of diesel - Payment stopped raising dispute about quality of diesel - Complaint filed u/ss 420 etc. IPC and u/s 138 NI Act - Accused summoned u/s 420 IPC only - Summoning order quashed - No offence of cheating made out - Complainant has remedy u/s 138 Negotiable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused allegedly issued two cheques of Rs.9 lakhs each, which was presented for encashment, returned un-paid - Even evidence of accused does not indicate and suggestion that cheques were issued as security or guarantee - Documentary evidence showing that in case Rs.9 lakhs were paid to complainant, he..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - `Insufficient funds' - Accused purchased pesticide and issued cheque - To prove this complainant proved on record copy of account book maintained by the complainant - Presumption can well be drawn that cheque was issued in discharge of legally enforceable debt - Conviction calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Compounding of offence - Petitioner has already remained behind bar for more than four months - Matter has been compromised between parties - Accused-petitioner has paid due amount to complainant - Learned counsel for complainant-respondent has also admitted the fact that alleged..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Conviction - Appeal - Pending disposal of appeal, petitioner filed application u/s. 391 of Cr.P.C. stating that he has paid entire amount to respondent/complainant and want to produce documentary evidence in support thereof - Dismissal of - Validity - On an..........
Negotiable Instruments Act, 1881, Section 138 -..........
