Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint on ground of non service of statutory notice - As per complainant address of accused is correct and that they have received notice sent to them in other cases - Magistrate ought not to have dismissed complaints at threshold - It could have been decided after recording evidence as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Statement of accused clearly reveals that he has not denied issuance of cheque and his signature thereupon, rather, his simple defence is that cheque in question was issued to one `R', his son-in-law, who was to further hand over cheque to someone from whom he had taken Rs.25,000/- - There..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Complainant has not filed any relevant documents to establish that at the time of transaction he was having financial capacity to advance loan to accused - Even, no separate agreement is executed regarding loan..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Age of accused is 61 years and out of seven cheques which were issued, six cheques were honoured and only one cheque amounting to Rs.35,000/- had bounced - Accused had already remained in custody for a period of more than 01 month out of his sentence for six months and about 21 years has..........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is discretionary and not mandatory...........
Negotiable Instruments Act, 1881, Section 143A -- Dishonour of cheque - Interim compensation - Grant of - Not mandatory - Court can grant interim compensation on the following parameters viz. (i) Discretion to be exercised in a thoughtful and sagacious manner; (ii) Order so passed to be on worthy reasons as to (a) on account of deliberate delays, being made by the accused,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Territorial jurisdiction - All transactions have taken place at Bijapur - No doubt, accused is residing at Bagalkot and the same will not confer any jurisdiction - Moreover, merely because accused is having corporation bank account at Bagalkot, the same will not confer any jurisdiction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of order refusing consolidation - Out of 19 cases, in two cases there is one complainant and other 17 cases, complainants are different - Cheque in question are also different - Merely because petitioner is accused in all cases and complainants have..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay of 9 days in filing complaint - Petitioners who is authorised signatory of company, could not file complaint within stipulated time, as he had to go out of station, during which period, he also suffered from jaundice and said factors ought to have been considered by trial..........
Negotiable Instruments Act, 1881, Section 138, 145(1), Criminal Procedure Code, 1973, Section 200, 202, 482 -- Dishonour of cheque - An accused can be summoned on the basis of affidavit filed on behalf of complainant - There is no need to record statements u/s 200 and 202 Cr.P.C...........
