Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Offence against company - Cheque issued towards payment of sale of liquor - Complainant produced one of credit bills for which cheque was issued by accused - All cheques were given by accused together - When at least one of bills was produced, it can be said that unless contrary is proved by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque drawn in favour of `Yourself' - Drawee is thus the bank - But as per endorsement as well as the fact that cheques were accompanied by RTGS forms for transfer of amount in account of complainant, it is the complainant alone who was to collect the amount - Complainant is the payee in an indirect..........
Negotiable Instruments Act, 1881, Section 138, 145(1) -- Dishonour of cheque - In case trial u/s 138 of Act is conducted in a summary manner and evidence is given by complainant by way of an affidavit, which is sufficient to prove the offence - Evidence is not required to be given again in terms of S.145(1) of Act and same has to be read during trial...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 106 -- Dishonour of cheque - Burden to prove - When it is within the knowledge of accused as to why he is not to face the trial u/s 138 of Act, he is to take plea of defence and burden cannot be shifted upon complainant - No presumption, therefore, can be drawn that even if accused has failed to..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Summary trial - Cross-examination of complainant - Once complainant has brought forward his case by giving his affidavit about issuance of cheques, dishonour of cheques, issuance of demand notice etc., he can be cross-examined only if accused makes an application to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissed in default - Complainant absent on the date fixed for appearance of accused - U/s 256 Cr.P.C., in case complainant is absent on the date fixed for appearance of accused, Magistrate has power to adjourn the hearing of case to some other..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Conviction u/s 138 of the Act - Compounding of offence - Accused compromised the matter with complainant - Memorandum of compromise filed before High Court, but no relief was granted to accused - As matter has been compromised between parties, order of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 406 -- Dishonour of cheque - Complaint dismissed for no, prosecution - Case called several times but none appeared - As nobody should be condemned unheard, order of dismissal set aside - Complaint restored to its original number - Direction issued...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Agreement to sell - Plea by accused that cheques in question were issued under fear and pressure held, believable - As attorney of complainant admitted in his cross examination that complainant made a complaint to police..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Complaint through power of attorney holder - (i) Filing of complaint u/s 138 of N.I Act through power of attorney is perfectly legal and competent; (ii) The Power of Attorney holder can depose and verify on oath before the Court in order to prove the contents of the complaint - However, the power..........
