Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Only the drawer of cheque who had issued the cheque is responsible for offence u/s 138 of the Act except the cases which are covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Cheque in question was neither issued nor signed by applicant - Said cheque does not belong to account of applicant - Summoning order qua applicant quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Agreement to sell - Consideration mentioned in the agreement was frustrated by the act of complainant absolving the accused of his liability to pay the amount - Existence of consideration was not established - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(y), 413 -- Dishonour of cheque - Appeal against acquittal - Cheque issued in favour of complainant - Complainant is victim of crime - Victim shall have right to prefer an appeal before appellate forum and for preferring appeal no leave is needed - Appeal should have been..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued as security as claimed by accused - However, even if cheque was issued as security, accused will be liable for its dishonour...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque is not bad even if it is not filled by drawer...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused admitted the she had received a notice and claimed that she came to know about the dishonour after receipt of notice - Therefore, receipt of notice is not disputed - Accused failed to repay the amount despite receipt of valid notice of demand - It was thus, proved that accused had issued the..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45, 47 -- Dishonour of cheque - Comparison of signatures - Cheque dishonoured for insufficiency of funds - Comparison of signatures not warranted - Application rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Composite sentence of fine and imprisonment was imposed on accused - Therefore, appeal shall not abate on the death of accused and Court is bound to decide the appeal on merits after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 394 -- Dishonour of cheque - Appeal against conviction - Death of accused during pendency of appeal - Leave to appeal sought by wife of accused - Application seeking leave filed after delay of 20 days - Petitioner has offered sufficient explanation of delay - Application for leave to..........
