Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - First Appellant Court reduced the sentence of 1 year as awarded by trial Court and ordered release of accused on probation - As regarding compensation of Rs.50 lakhs to complainant, first Appellate Court granted substantial relief to accused to make payments in instalments -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Essential ingredient for attracting liability u/s.138 of Act is that the person who is to be made liable should be drawer of cheque and should have drawn the cheque on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for discharge,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Dismissal of application u/s 311 Cr.P.C. - As per evidence on record, case is pending for defence evidence for last 5 years - Even, CW-1 was duly cross-examined by petitioner/accused - Therefore, accused cannot be allowed to recall witness to fill up lacuna,..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Application by accused for taking his specimen handwriting for comparison with body of cheques in question dismissed - Where accused had given blank signed cheques to complainant then it is obvious that he has himself allowed complainant to fill up same -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Jurisdiction - If proceedings are at the stage of evidence, complaint cannot be transferred to any other Court and has to be continued before the Court where it is pending...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - S.139 of Act merely raises a presumption in favour of holder of a cheque that the same has been issued for discharge of any debt or other liability - Existence of legally recoverable debt is not presumed u/s 139 of Act...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Security cheques - Loan taken for two years in the year 2007 - Cheques dated of the year 2011 - Contradictory statements of complainant in cross examination as to loan amount and return of amount - Held, security cheques per se does not get out of ambit of S.138 of the Act - However, in the facts..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Complaint filed on the basis of second notice - First registered notice returned by postal department due to long absence of drawer - Second notice also returned with endorsement as refused - There is presumption of service of notice when there is `refusal' to receive notice - Cause of action..........
Indian Penal Code, 1860, Section 174A -- Offence u/s 174-A - Quashing of FIR - Petitioners not received the summons qua main case u/s 138 of N.I.Act - However, the moment petitioners knew about the same, they paid the cheque amount in question to complainant and they have been discharged in complaint u/s 138 of N.I. Act - Since in the main case petitioners have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented and dishonoured thrice - Cheque dishonoured lastly on 22.04.2014 - Legal notice was served on 08.05.2014 and compliant filed on 02.06.2014 - Held, in no way it can be said that either the legal notice was not within limitation or that complaint was time barred...........
