Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Offence is compoundable - Accused has no power to apply for compounding of offence - Power to compound has been given either to the complainant or affected person or other persons standing in their shoes...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200, 204 -- Dishonour of cheque - Complaint - Recording of sworn statement - Meaning thereof - Held, recording of sworn statement means, the statement of complainant to be recorded by Magistrate not by way of an affidavit - Affidavit does not partake character of sworn statement - Object..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Trial court convicted and sentenced accused on account of dishonor of cheque - Conviction upheld by appellate court - Application for compounding filed by complainant before Revisional Court - Complainant being a person competent to compound an offence, hence compounding..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Insufficient funds - Funds can be checked online at the bank branch where it was presented and cheque need not to be sent to the bank branch from where it was issued - Offence is committed when it is found that there are insufficient funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Complaint filed by officer on behalf of company - However, no authorization executed in favour of said officer - Held, it would not vitiate complaint proceedings - It is only an irregularity which can be ratified or rectified subsequently...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company - Every person who is in-charge and responsible for day-to-day affairs of company is liable to be prosecuted - Complaint proceedings cannot be vitiated on ground that company not arrayed as co-accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Cheque issued from an account not maintained by accused but by someone else - Accused cannot be prosecuted as one of the ingredients that cheque must have been issued on an account maintained by him not fulfilled - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - To constitute the offence, ingredients required to be fulfilled are : (i) a person must have drawn a cheque on an account maintained by him in a bank for payment of a certain amount of money to another person from out of that account; (ii) The cheque should have been issued for the discharge, in whole..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence is committed u/s 138 of the Act only when all the ingredients of the offence are satisfied...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Issuance of cheque admitted - Presumption u/s 139 is applicable that cheque was issued towards discharge of a debt or liability until the contrary is established by the maker...........
