Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - In concluding paragraph demand is not clear - However, in the preceding paragraphs of notice there is reference of cheque as well as the amount shown in cheque and there is demand to pay that amount within 15 days - Notice has to be read in totality - It cannot be said that notice does not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - When defence of accused is not believable, inference can be drawn that he made a transaction with complainant and issued cheque for said transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - - Plea that cheque was not presented within validity period, rejected, as bank accepted the cheque and issued intimation slip which indicates that cheque was presented within validity period - Prima facie case is made out against accused - Order taking cognizance and issuance of process is proper...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Despite receiving statutory notice the same was not replied - Issuance of cheque not denied at the first available opportunity - Statutory presumption u/s 139 of the Act operates against accused...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - (i) Appellate Court can order appellant to deposit a portion of fine or compensation or to waive such deposit and to furnish reasons for its decision; (ii) Such deposit cannot be less than an amount equivalent to 20% of the fine or compensation;..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Correction of date of cheques - Date of cheques wrongly mentioned in complaint, notice and even in affidavit filed in support of complaint - Same cannot be said to be a simple or curable infirmity but relates to a substantial infirmity - Amendment at the stage when summons have..........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Presence of advocate for accused is required when examination-in-chief of a material prosecution witness is being recorded...........
Evidence Act, 1872, Section 137, 138 -- Examination-in-chief - Recording of only examination-in-chief of 12 prosecution witnesses without recording cross-examination is contrary to law...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Directors - Vicarious liability - No averment in the complaint to the effect that appellant is in-charge of and responsible for day to day affairs of company - It is not the case of complainant that appellant is either Managing Director or Joint Managing Director of Company -..........
