Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of Cheque - Conviction - Revision against - Concurrent findings - Scope of interference - Held, scope of interference with concurrent findings returned by both courts below is very restricted - Nothing was pointed out, in defect of procedure or conduct of trial which..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Society - Complaint filed President and Secretary as persons in charge and responsible to the society - Notice not issued to Society - Notice issued to the President and Secretary alone - Held, unless Society who is the drawer of the cheque is held liable, President and Secretary of the society..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Plea that there were business dealings between parties and cheque in question had been misappropriated by the complainant - Cheque in question was not issued by petitioner in favour of complainant as a partner of firm - It..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Presumption of - Cheque in question has been filled up in English, whereas, petitioner has signed the same in Punjabi - Held, this does not lead to inference that cheque is not legal and valid - Once petitioner has signed cheque in question, it leads to presumption that it had been issued by..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision - Reduction in sentence - Petitioner is facing criminal proceedings since the year 1992 and has already undergone about 4 months of actual sentence - Petitioner has been involved in number of cases by complainant and in some cases..........
Negotiable Instruments Act, 1881, Section 138, 141, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Complaint - Quashing of - Vaguely pleaded in complaint that all accused being directors are i, charge of company and they have been actively involved in business of company and are responsible to company for conduct of its..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256, 61 -- Dishonour of cheque - Process fee not paid - Accused not to be acquitted even if complainant is absent...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of complaint and summoning order sought on the ground that cheque was given by way of security and not towards discharge of any debt or liability - There is specific allegation in the complaint that cheque was given in discharge of liability - Held, petitioners supposed to appear before the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 406, 420, 34 -- Loan transaction - Dishonour of cheque - Loan in question has been taken by accused - Accused issued cheques to discharge legal liability arising out of loan - When said cheques were presented for encashment, same were returned back with report that "not sufficient funds" - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Application for discharge - Dismissal of - Validity - Plea of accused that notice was not served to him within 30 days of communication of dishonour of cheque - Complainant's stand that notice was sent to accused at his address, but fully knowing well about notice sent to him through..........
