Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of arbitration proceedings - Not a ground to quash proceedings u/s 138 of the Act - Arbitration proceedings and criminal proceedings against a person, based on the same transaction, can be conducted or continued simultaneously - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - While dismissing complaint, trial Court held that ink used to fill up the cheque is different and witness could not tell as to who had filled up the cheque - Held, Magistrate has taken a reasonable and probable view on appreciation of evidence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant alleges that accused took a loan of Rs.5 lacs for a period of 7 years - However, accused contended that averments made in complaint that loan had been taken for a period of 7 years is nothing but to make out a case so as to bring the case within period of limitation and..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Actual date of service of notice - Complainant is not required to establish precise date of service of notice - Only obligation of complainant is to establish that he has waited for 15 days from the date of service of notice and has filed the complaint within 30 days thereafter...........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Non-mentioning of actual date of service of notice - If date of actual service of notice is not clearly discernible from acknowledgement card, that cannot prejudice complainant, since that is not due to default of complainant - That by itself cannot lead to dismissal of complaint..........
Negotiable Instruments Act, 1881, Section 138(c), 142(1)(b) -- Dishonour of cheque - Notice - Notice was served on accused on 10.3.2005 as specifically pleaded in complaint - Acknowledgement card bearing said date was produced along with complaint - Said date is not challenged in cross-examination of complainant - In the light of presumption u/s 27 of General Clauses Act,..........
Indian Penal Code, 1860, Section 302, 498A, 34 -- Murder - Cruelty - FIR is silent with regard to demand of any dowry far less a bicycle - However, FIR speaks of assault upon deceased by accused followed by unnatural death of deceased - FIR need not be encyclopedia of facts and is only an instrument in writing which sets criminal law into motion - Every minute detail of..........
Indian Penal Code, 1860, Section 323, 504 -- Offence u/ss 323, 504 IPC - Complaint filed after delay of 15 days from the incident and there is no explanation for such delay - Except injury no.1, other injuries are only relating to pain in his body - Complainant initiated proceedings u/s 107, 151 Cr.P.C against accused and later on after 15 days present complaint was filed..........
Indian Penal Code, 1860, Section 499, 500 -- Defamation - Acquittal in a case u/s 138 Negotiable Instruments Act - Does not attract Ss.499 and/or S.500 IPC - Mens-rea is a mandatory prerequisite for the offence of defamation - Held, in the present case mensrea or criminal intention is lacking on the part of accused, hence, they cannot be held guilty of offence of..........
