Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Conviction set aside - Court directed to release amount of Rs.30,000/- which has been deposited by petitioner...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Anticipatory bail - Accused is absconding and declared as proclaimed offender - However, accused is a woman and in given COVID-19 pandemic, incarceration of accused would not give any benefit to complainant but instead cause grave injustice to woman accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Cause of action for filing complaint u/s.138 of the Act arose only after expiry of 15 days from the date of service of legal notice on the accused and in case of absence of proof of service of notice sent under registered cover on speed post at the correct address, the deemed service of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Non signatory Directors - So far as Directors who are not Managing Directors or Joint Managing Directors it is necessary to aver in complaint that at the relevant time when offence was committed, Directors were in charge of and were responsible for conduct of business of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Non signatory Directors - Pleading - It may not be proper to split while reading the complaint so as to come to a conclusion that allegations as a whole are not sufficient to fulfil the requirement of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Nature of offence u/s 138 of the Act is quasi criminal in nature...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - It is compensatory aspect of remedy that should be given priority as opposed to punitive aspect...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Once parties voluntarily enter into an agreement and agree to abide by the consequences of non-compliance of the settlement agreement, they cannot be allowed to reverse the effects of the agreement by pursuing both the original complaint and the subsequent complaint arising from such..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Cheques issued in pursuance of compromise dishonoured - Once a settlement is arrived at in between the parties, proceedings in the original complaint cannot be sustained and a fresh cause of action accrues to complainant under terms of settlement deed...........
