Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Leave to appeal - Cheque issued against supply of goods - No receipt produced of material received - Leave to appeal declined...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Not correctly addressed - Presumption of service of notice does not arise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Received back undelivered - Complainant not placed on record any material to suggest that on the date when notice was sent, accused was in possession of an office or visited any office in the said building - In complaint second address mentioned as correspondence address given but notice not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Pre requisite to institute complaint of sending notice not satisfied - No cause of action arose - Conviction set aside as complaint was not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise between parties - Offence compounded - Conviction set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Specific averments on record which stated that petitioners were directors and were in charge of and responsible for day to day affairs and management of accused company on the date of commission of alleged offence - Petitioners have not brought on record unimpeachable,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Hire purchaser agreement - Accused filed consumer complaint against manufacturer as vehicle was defective - Not a ground to quash complaint instituted by financier for dishonour of cheque...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Question whether cheque had been issued to discharge debt - To be ascertained during trial only - Correctness of allegations made in complaint cannot be ascertained in a petition filed u/s 482 Cr.P.C. - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, Criminal Procedure Code, 1973, Section 243 -- Dishonour of cheque - Handwriting expert - Plea of accused as to misuse of cheque after obtaining it unauthorisedly - Evidence sought to be obtained is essential for arriving at a just decision of the case - There is absolutely no reason to indicate..........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Amendment of provision of S.148 by Act 20 of 2018 coming into force on 01.09.2018 - Such amended provision is applicable to a complaint u/s 138 of the Act filed even prior to coming into force of the amended provision...........
