Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Memorandum of understanding entered into in between parties during pendency of revision in High Court - Parties were to settle the dispute between themselves - As per terms of agreement Respondent No.2 was to file a compromise petition before High Court which he failed to do so, which resulted in..........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Suspension of sentence - Order to deposit 20% of compensation amount - Procedure for recovery of fine or compensation from accused in pending appeal already existed in Cr.P.C even before adding S.148 of the Act - Therefore, no new aspect of coercive recovery of fine or compensation from..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed in default - Accused was avoiding appearance before trial Court and on some occasions, counsel for complainant was not present - Trial Court has not exercised his discretion judicially and has wrongly rejected the complaint for want of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Trial Court after considering the matter and evidence on record passed a detailed and speaking order recording its satisfaction that a prima facie case is made out and summoned applicant to face trial - Question of theft of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque if issued as an advance payment for purchase of goods and for any reason purchase order is not carried to its logical conclusion then cheque cannot be held to have been drawn for an existing debt or liability - Payment by cheque in the nature of advance payment indicates that at the time of drawl..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife cannot be proceeded with for the offence u/s 138 of the Act - Proceedings against wife quashed...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Direction to pay 20% of cheque amount - Court below does not bear any reason as to why 20% of amount is awarded as interim compensation - Trial Court granted interim compensation just in a routine manner and there is no application of mind as to why said interim compensation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Capacity to advance loan - As per Income tax return declared income was not sufficient to give loan of Rs.3 lakhs - Defence raised by accused satisfies the standard of `preponderance of probability' - Judgment of acquittal passed by trial Court confirmed and judgment of conviction by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque return memo - Cannot be said to have been proved without examining Bank official/clerk - Complaint against accused remains unproved - Acquittal upheld...........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Quashing of summoning order - Accused summoned on the basis of affidavit of power of attorney holder - Power of attorney not witnessed transaction or possess due knowledge regarding said transaction - Power of attorney could not depose and verify on oath - Order taking cognizance set aside - Matter..........
