Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Bank Managers on one hand specifically deposed that no such bank account was opened and maintained in their bank - While on other hand cheque issued was returned with remark `Account Frozen' which presuppose that an account existed - Matter needs to be taken into consideration..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is not mandatory in all cases as word used in the provision is `may' - However, if order is passed then payment is mandatory...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount as interim compensation - Magistrate who is hearing application for interim compensation should apply his mind, record his reasons in exercise of his discretion, as to why 20% of cheque amount is to be granted as interim compensation in any given case...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque number has been wrongly mentioned is of no relevance, as it is typographical error and thus, cannot be reason for quashing of proceedings...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Merely stating that accused is a poor lady would not exempt her from making said deposit - Moreover, nothing on record prima facie to show that accused is a poor lady - No interference warranted in impugned order of directing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of the Act would lie only in respect of any enforceable debt...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was given as security in view of compromise arrived at between parties - Complainant admitted that cheque was not issued in respect of any enforceable debt - Proceedings u/s 138 of the Act would be illegal - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to FSL - To determine ink on disputed cheque - Signatures admitted - It is not required that cheque should be filled by the person who has signed the cheque - Order allowing application set aside...........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption u/ss 139, 118 of the Act - Complainant has produced promissory note to corroborate his claim of advancing loan - Signatures in promissory note and cheque admitted by accused in reply notice - When signatures on said documents are proved to be that of accused, presumption remains..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused is 63 years of age now - It would be unduly harsh to send him to jail for a period of six months at this age, when he is already having ailments - Sentence modified to fine of Rs.4,05,000 and in default of payment of fine amount, accused has to undergo S.I for period of 3 months...........
