Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Cheque issued as security for repayment of loan - There cannot be hard and fast rule that a cheque which is issued as security can never be presented by drawee of cheque...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 NI Act and S.420 IPC - Mere dishonour of cheque cannot be construed as an act on the part of accused with a deliberate intention to cheat and mens rea in that regard cannot be gathered from the point the amount had been received - Offence u/s 420..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Accused already served jail sentence in each 5 cases separately - Accused is in jail to undergo additional jail sentence due to non-payment of fine - Since accused has paid amount of compensation and complainant has accepted it, applicant be released from jail - Thus,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Conviction set aside - Court directed to release amount of Rs.30,000/- which has been deposited by petitioner...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 438 -- Dishonour of cheque - Anticipatory bail - Accused is absconding and declared as proclaimed offender - However, accused is a woman and in given COVID-19 pandemic, incarceration of accused would not give any benefit to complainant but instead cause grave injustice to woman accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Cause of action for filing complaint u/s.138 of the Act arose only after expiry of 15 days from the date of service of legal notice on the accused and in case of absence of proof of service of notice sent under registered cover on speed post at the correct address, the deemed service of..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Plea of accused that accused had resigned as director on 10.10.2014 - Form No.DIR-12 (Appointment or Resignation) was filed with Registrar of Companies on 13.08.2015 - Whereas, cheque were dishonoured on 06.07.2015 and notice was..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Non signatory Directors - So far as Directors who are not Managing Directors or Joint Managing Directors it is necessary to aver in complaint that at the relevant time when offence was committed, Directors were in charge of and were responsible for conduct of business of the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors - Non signatory Directors - Pleading - It may not be proper to split while reading the complaint so as to come to a conclusion that allegations as a whole are not sufficient to fulfil the requirement of S.141 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Nature of offence u/s 138 of the Act is quasi criminal in nature...........
