Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of three cheques - Accused convicted in all the three complaints - High Court ordered the sentences to run concurrently in all the three cases - Order upheld...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of case - Case pending at Ludhiana - Accused living in Delhi - Accused suffering from heart ailment and having problem in both kidneys - Doctor performing dialysis twice in a week - Case transferred from Ludhiana to Delhi...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non appearance of counsel of appellant - Case dismissed for non prosecution - Case was filed in 2005 and was listed on 17.3.2008 for first time and on next day it was dismissed for non prosecution - Order of High Court set aside - Case remanded back...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption has to be drawn that cheque was drawn for consideration and that it was executed for discharge of debt or liability once its execution is proved or admitted - Presumption will live, exist and survive and shall end only when the contrary is proved that cheque was not issued for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Principle that the debtor must seek the creditor - Not applicable in a criminal case - Jurisdiction of the Court to try a criminal case is governed by the provisions of the Criminal Procedure Code and not on common law principle...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Company having registered office at Delhi and branch office at Chandigarh - Business transaction entered into at Chandigarh - Cheque drawn at Chandigarh Bank - Notice demanding payment sent from Delhi - Issuance of notice would not by itself give rise to a cause of action but..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Giving of notice does not give rise to a cause of action but it is communication of notice which give rise to a cause of action - For an offence u/s 138 of the Act notice must be received by the accused - Notice may be deemed to have been received in certain situations - Word 'communicate'..........
Indian Penal Code, 1860, Section 406, 420, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Complaint filed as a counter blast to the proceedings initiated u/s 138 of Negotiable Instruments Act - Summoning order u/ss 406/420 IPC - A fabricated letter produced with the plea that entire amount was paid and even on receiving the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Complaint dismissed - Leave to file appeal dismissed by High Court - Reasons for refusing to grant leave not given - Held, that High Court should have reappreciated the entire evidence on record independently and returned its findings objectively, as regards..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Cheque in favour of Govt. company - Complainant when a public servant, the statute exempts examination of the complainant and the witnesses, before issuing process...........
