Jammu and Kashmir Criminal Procedure Code, 1989, Section 561A, Negotiable Instruments Act, 1881, Section 138, Ranbir Penal Code, 1989, Section 420 -- Quashing of proceedings - Dishonour of cheque - Defendant filed petition for quashing on Retirement-cum-partnership deed - It is only a fact which may be required to be proved during course of trial, whose evidentiary value..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 421, Insolvency and Bankruptcy Code, 2016, Section 238 -- Dishonour of cheque - Company - Application u/s 7 of Insolvency and Bankruptcy Code, 2016 accepted - Recovery of fine - Post conviction recovery of fine/compensation from assets of corporate debtor will have to be in terms of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complainant not cross examined despite providing opportunities - Petitioner provided an opportunity, in the interest of justice, to cross examine complainant subject to payment of costs of Rs.10,000/-...........
Criminal Procedure Code, 1973, Section 254 -- Summons case - Dishonour of cheque - Defence evidence - Rejection of prayer of accused to produce evidence, despite the fact that u/s 313 Cr.P.C, a question was put to him giving option to lead defence evidence in response whereto accused has expressed his intention to lead evidence, is not sustainable being contrary to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Recall of complainant - Dishonour of cheque - Recall of complainant to prove certain documents which is not done cannot be construed to be an act of prejudice - Opinion of trial Court that it was essential for just decision of case cannot be said unjust or illegal - Application..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, 203 -- Dishonour of cheque - Issuance of process - Quashing of order - Offence by company - If a director wants process to be quashed on ground of vague averments or on ground that he is independent director appointed as per second proviso to S.141 of the Act, such a director is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Acquittal - Leave to appeal - Application for leading additional evidence - Documents now sought to be produced not produced in the trial Court - Once an opportunity was availed by complainant and evidence was led then complainant cannot be allowed to place on..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Direction to deposit 30% of compensation awarded by trial Court as condition for suspension of sentence - As per the record rounding of amount under cheques involved in complaints, virtually,..........
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..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(6) -- Dishonour of cheque - Compounding of offence - Compromise between parties - Conviction set aside - Accused acquitted...........
