Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement in Lok Adalat - Cheque issued as per settlement dishonoured - Second complaint - Held, second complaint is not maintainable as cheque was not issued in discharge of debt or liability - However, complainant is liberty to take appropriate action for enforcement of settlement arrived at between..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Plea of missing cheque book and that complainant filled the amount on a blank cheque and thus committed a forgery - Contention rejected as accused neither produced application or a copy thereof by which he had stated the loss of his cheque book, nor he filed any copy of report made to police - More..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Cheque amount Rs.25,000/- - Accused sentenced to one year imprisonment and to pay fine of Rs.30,000/- and also to pay compensation of Rs.25,000/- to complainant - Matter 18 years old - Amount of fine and compensation already paid - Sentence reduced to period already gone which is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally recoverable debt - Cheque issued towards payment of banned chit fund business running without any license - Cheque dishonoured - Accused, held, not liable u/s 138 of the Act as said liability or debt is not legally recoverable debt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Delay in filing complaint - Maintainability - Complainant sent legal notice to accused on 28.09.2010 and thereafter again legal notice issued by complainant on 11.11.2010 - Complainant himself admitted in cross-examination that date of issuance of first legal notice is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Limitation - Delay in filing complaint - Legal notice must be issued by complainant to accused within a period of 30 days of receipt of information by him from bank regarding return of cheque - In case, drawer of cheque fails to make payment of amount of cheque in dispute, within a period of 15 days of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Capacity to advance loan - As per accused, he demanded friendly loan of Rs.1,50,000/- and as per complainant at relevant time he was not having Rs.1,50,000/- and gave only Rs.1,35,000/- by borrowing from his Mamaji by mortgaging the gold - However, complainant failed to tell the name of his..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Pre-mature complaint - Complaint filed before expiry of 15 days of service of notice - Complaint is not maintainable - Complaint and subsequent proceedings quashed - However, complainant may file fresh complaint within one month from date of order - Delay in filing complaint would be treated as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards repayment of advance taken by accused - Failure to prove such transaction - No receipt of taking advance - Amount in figures and words alongwith date in different ink with other writing - Handwriting also different - Transaction took place in the year 1995-96 and cheque of the year..........
