Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Acquittal - Appeal against acquittal - Material on file indicated that complainant obtained blank cheques from accused by way of security and thereafter, misused said cheque - Held, findings of acquittal cannot be faulted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Punishment for - Principal amount of Rs.1,40,00,000/- had been paid by accused but interest which he had promised to pay by way of cheque could not be realised as cheque had bounced - It is also clear that despite the fact that complaint had been filed in the year 1996 and matter has been pending for 15..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of witness - Complainant examined and cross-examined - After two years accused moved application u/s 311 of CrPC for further cross examination of the complainant - No explanation assigned why application for re-examination was not filed at the earliest..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Recall of complainant for further cross examination - It was claimed in the application that evidence of compliant pertaining to his income-tax returns and books of accounts were vague and needs further elucidation to enable Court to get the truth of the matter - Application allowed with a direction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Additional evidence - Summoning of Income-tax authorities for production of original documents - Documents earlier filed and it became the evidence of complainant - Contents of those documents was never alleged to be doubtful - Application dismissed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Acquittal - Appeal against acquittal in a private complaint lies to High Court - Order passed in appeal by Additional Sessions Judge set aside as without jurisdiction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence - Modification - Cheque in question is dated 17.12.2005 that too for an amount of Rs.50,000/- - Both the trial court as well lower appellate court sentenced revision petitioner to undergo simple imprisonment for 3 months and also directed him to pay a fine of Rs.50,000/- - It is..........
General Clauses Act, 1897, Section 3(35), Negotiable Instruments Act, 1881, Section 138 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted and also saddled with compensation of Rs.50, 000 to be payable to the complainant within two months, failing which to undergo SI for three months - Petitioner failed to pay compensation within stipulated period - Held, petitioner not necessarily to undergo imprisonment imposed under..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Civil suit qua cheque amount also filed - Civil suit dismissed - No ground to quash criminal proceedings - Judgment of civil Court not binding on criminal court - However, it is open to accused to rely upon the civil court judgment if it has become final to show that it is relevant for his defence and..........
