Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Can be drawn only when it is established that cheque issued was towards legally enforceable debt...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Sentence of fine set aside as compensation can only be granted when there is no sentence of fine - Compensation granted at the rate of 9% per annum on total amount of cheques from the date of filing of complaint before the trial Court...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 470 -- Dishonour of cheque - Complaint represented beyond 30 days fixed by Supreme Court following decision of Supreme Court in Dashrath Rupsingh Rathod's case - Condonation of delay - Position as clarified in the N.I. Amendment Ordinance 2015 (No.6 of 2015), petitioners can be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of Secretary of Society - Society is neither a payee nor a holder in due course - Complaint filed by Society is not maintainable - More so, authorization made or resolution passed by Society to Secretary of society to receive cheque in his name does not confer him the status of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Drawer of cheque was the company - Cheques drawn from the account of company - Accused signed cheques on behalf of company in his capacity as director thereof - Company would be responsible and liable for dishonour of cheque - Prosecution of accused without arraigning company..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint u/s 138 of the Act - Quashing of complaint - Admittedly, no allegation in complaint that cheque is issued by Trust in discharge of its past liability and accused at time of commission of offence was incharge of and responsible for conduct of business of Trust - Even, there is no whisper in..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay of 10 days in filing complaint u/s 138 of the Act - Condonation - Complainant issued statutory notice to accused which was received by her on 5.09.2005 - On receipt of notice, accused sent reply notice on 26.09.2005 - Thereafter, complainant was bed ridden due to some serious ailment - Even,..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offences at the instance of accused without de facto complainant ready to compound - Petition is nothing but an abuse of process, as such, is liable to be dismissed at the threshold...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Additional evidence sought in the form of certificate with a further prayer for examining the witnesses of said certificate - Certificate sought to be produced, if established and proved in accordance with law, will change entire..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Post-dated cheque - Complainant received in advance post-dated cheque from accused for payment of rent - Even, Courts below have found that premises were vacated by accused after some months only - Dishonour of cheque for period when tenant ceased to occupy property does not..........
