Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence at appellate stage - Parties can compound the offence even at the appellate stage of the proceedings - Once a person is allowed to compound a case conviction u/s.138 of the Act should also be set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sending cheque to handwriting expert for his opinion in respect of age and signature - Defence plea that cheque was issued in 1997 for purpose of security and accused has misused it by filling the same much later - Dismissal of application by trial Court raising a suspicion as to whether accused himself..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint cannot be thrown out - If complaint is filed prior to date of cause of action same cannot be thrown out - Cognizance can be taken after accrual of cause of action...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 204, 202, 200 -- Dishonour of cheque - Complaint - Summoning order - Recall - Magistrate has no jurisdiction to recall its own summoning order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards time barred debt - No acknowledgment within time - Not a legally enforceable debt - No offence u/s 138 of the Act - Acquittal of accused upheld...........
Negotiable Instruments Act, 1881, Section 138, Legal Services Authorities Act, 1987, Section 21 -- Dishonour of cheque - Complaint referred to Lok Adalat - Matter settled and award passed - Cannot be executed as civil decree in civil court - Award passed by Lok Adalat in a complaint referred by Criminal Court does not acquire the characteristics of a decree of Civil Court..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - `Within one month' - To be calculated without adverting to the number of days in a month - If one month is calculated from 31st January, it would expire on 28th February in non leap year and in leap year it would expire on 29th...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Loan advanced by a money lender doing business of money lending without licence - Cheque issued not for liability enforceable in law - S.138 of the Act not applicable to such transaction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Complainant operating his business at place `P' - Cheque drawn on a Bank at place `T' - Cheque deposited at place `P' - Notice demanding accused to make payment issued from place `P' - Held, Court at place `P' has jurisdiction to entertain the compliant - Fact that business transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque given by way of security - Security itself shows a debt due - The admission and the case that blank cheques were issued itself shows that at the time of issue there was a debt to be repaid...........
