Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant miserably failed to prove that cheque was issued in discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and same cannot be allowed to be bypassed in a casual and..........
Indian Penal Code, 1860, Section 307, 353, 332, 427, 186, 109, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(R), 3(1)(S) -- Offence u/s 307, 353, 332, 427, 186, 109 IPC and Ss.3(1)(R), 3(1)(S) of SC/ST Act - Quashing of FIR - Specific allegations of accusing injury to complainant while discharging official duty is levelled in FIR..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Indian Penal Code, 1860, Section 420, 406, 34, Criminal Procedure Code, 1973, Section 482 -- Cheating - Criminal breach of trust - Offence by company - Vicarious liability - There is no vicarious liability in criminal law upon directors of a company, when offence is committed by company - A director of a company can be made an accused along with company only if there is..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Cheque in question handed over to complainant in the year 2007 - However, accused already filed a complaint regarding misuse of very same cheque in the year 2005 - Possibility of cheque being handed over to complainant in 2007 is no, existent - Moreover, complainant admitted that he..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Criminal Procedure Code, 1973, Section 154 -- FIR - Cognizable offence - Preliminary inquiry before registration of FIR - Scope and ambit of preliminary inquiry being necessary before lodging FIR depends upon facts of each case - There is no set format or manner in which a preliminary inquiry is to be conducted - Objective of same is only to ensure that a criminal..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Matter has been compromised between parties and as per compromise amount has been paid to complainant - Offence compounded - Complaint dismissed - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is prospective in nature and not retrospective - Since complaint filed before insertion of provision of S.143-A of the Act, said provision not applicable to case - Trial Court committed error in awarding interim compensation in favour of..........
