Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non compliance of compromise terms - At the time of compromise accused not made aware of ramifications when his statement of compromise was recorded - Not fair to record conviction of accused solely on the basis of statement made towards compromise without giving him an opportunity for defending himself..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning record from Bank - Evidence which complainant wants to produce is relevant and necessary for just decision of case - Application u/s 311 Cr.P.C. can be filed at any stage - Court should not go into technicalities of law and should do substantial..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque dishonoured on ground of insufficient funds - Handwriting expert - Accused from the very initial stage had taken a defence that cheque does not bear his signatures and FIR was lodged that cheque was forcefully snatched from him - Held, merely because the cheque was dishonoured on account of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Petitioner not drawer of cheque - Proceedings cannot be continued against petitioner...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Omission or error in mentioning nature of debt or liability in notice does not render notice invalid, as there is no statutory mandate that notice shall narrate the nature of debt or liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Where notice specifically states that complainant is legally entitled to realize the amount of the cheque from accused and accused is legally bound to pay the amount to complainant within 15 days from the date of notice, it amounts to clear demand as required under clause (b) of proviso..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of accused that there is no specific averment in complaint that cheque was issued in discharge of amount allegedly borrowed by him from complainant - Plea not acceptable as there is no requirement that complainant must specifically allege in complaint that there was subsisting liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Service of notice of demand - Is a condition precedent for filing complaint for offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand for payment of amount of cheque by sending notice in writing is sine qua non for filing such complaint...........
