Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Cheques issued towards payment of supply of yarn to accused - All the cheques dishonoured even on repeated presentation - After presentation of cheques in first time complainant sent a letter informing accused about dishonour and requesting him to settle the amount - Said letter was marked by..........
Recovery of Debts Due to Banks and Financial Institutions Act, 1993, Section 2(g) -- Money suit - Recovery of misappropriated funds - Maintainability of - Employee of bank fraudulently mis-appropriated funds - Bank employee is not in business activity with bank as required for definition of `debt' u/s.2(g) of the Act - Therefore, execution proceedings before Tribunal..........
Criminal Procedure Code, 1973, Section 245, Indian Penal Code, 1860, Section 420, 406 -- Discharge - Cheating and criminal breach of trust - Opening of Bank account as proprietor after dissolution of partnership deed - Not an act of cheating and criminal breach of trust - Accused rightly discharged...........
Agreement to sell -- Specific performance - Plea of hardship - Defendants after taking earnest money, had put said amount in Bank Account - Therefore, defendant No.1 was not under any pressing necessity or any personal hardship at the time of execution of alleged agreement to sell - More so, defendants were selling land in the village as well in other village, there is..........
Civil Procedure Code, 1908, Order 39, Rule 6 -- Sale of vehicle seized by Bank - Non-payment of loan - Recovery suit - Application U.O.39.R.6 CPC, ought to have been decided by Trial Court at the time of final order in suit itself - Moreover, to keep application pending while suit itself is decreed, is completely irrational - Vehicle has a limited life value which..........
Criminal Procedure Code, 1973, Section 482 -- Registered sale deed executed under threat and coercion - Quashing of proceedings - Subsequently civil proceedings initiated to set aside sale deed - At times same facts may give rise to remedies both in civil and criminal law - Proceedings in the instant case cannot be quashed as not a single paisa was actually received by..........
Canara Bank Officers and Employees (Discipline and Appeal) Regulations, 1976 -- Regul.5(3) - Disciplinary proceedings - Authority to institute proceedings and impose penalties - Departmental proceedings against respondent were initiated by Deputy General Manager being Disciplinary Authority - But order of punishment is passed by General Manager, who was higher than..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove that he had so much money advanced to accused - It was complainant who introduced accused while opening his account with bank from which cheque in question was issued - Plea of accused that at the time of opening of account, cheque book was retained by..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 405, 420, 120B -- Quashing of FIR - Offence u/ss 405, 420, 120-B IPC - Nothing attributed against petitioner in FIR by complainant - FSL report shows that standard signatures of petitioner does not tally with signatures on LSR - Even, nothing on record to show that Bank had paid any legal..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Appeal against acquittal - Complainant failed to disclose date, month and year of advancement of loan and remained silent - Even, one FIR got registered against son of complainant on basis of statement made by son of accused and one cheque was also issued in favour of complainant but..........
