Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused ready to pay Rs.1, 50, 000/- to buy peace - Complainant not accepting this amount - Complaint quashed on deposit of the said amount as continuation of proceedings will only overburden the Courts with meaningless litigation and quashing of the complaint will not only..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused residing beyond jurisdiction of Court - Summoning order passed relying upon the statement of complainant and documents tendered in evidence - Set aside as procedure envisaged u/s 202 Cr.P.C. not followed - In a case where accused is residing beyond jurisdiction of Court, Magistrate has to..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption as to - Disputed cheque was issued by accused to complainant - Signature on cheque has also been admitted by him - In spite of that Judicial Magistrate has proceeded to say that complainant had miserably failed to produce related books of accounts which was maintained by him in respect..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Notice - Demand of cheque amount and incidental charges - Notice not invalid, if the cheque amount and incidental charges are separable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount and incidental charges - Cheque amount and incidental charges shown separately - Notice not invalid if cheque amount and incidental charges are separable - If accused pays the cheque amount, he will be absolved from the criminal liability - For incidental charges, a..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Accused took loan from the complainant and executed promissory note in lieu thereof - Subsequently accused issued two post dated cheques for the repayment of loan obtained against promissory notes - No evidence that cheques were given by way of security - Held, cheques were issued in discharge of subsisting legal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Wrong cheque number mentioned in demand notice and complaint - Mistake in one figure only - During the period of transaction only one cheque issued by the accused in the name of complainant which was dishonoured - Accused did not reply the demand notice on the ground that wrong cheque number was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amount of Rs.1.84 Lacs involved - Trial court convicted accused - Fine of only Rs.5,000 imposed - Proprietary of - Held, when once Court holds that accused is guilty of offence punishable u/s 138 it should take steps to adequately compensate complainant if it wants to take lenient view - Matter..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque issued by Panchayat President - Quashing of complaint sought by President and Vice President of Panchayat - Held, Panchayat Board is a local authority and not a `company' - Not amenable to prosecution for offence u/s 138 of the Act - Proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint - Compromise - Quashing of - Compromise between parties - Held, in view of statement made before Court as well as affidavit filed by complainant regarding compromise, there is no impediment to exercise inherent powers u/s.482 Cr.P.C for quashing..........
