Criminal Procedure Code, 1973, Section 391, Negotiable Instruments Act, 1881, Section 138 -- Additional evidence at appellate stage - Dishonour of cheque - Documents sought by accused to demonstrate that cheque was drawn by way of security only and to contest the quantum of liability of which cheque was already drawn - Omission to produce said documents before trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Factum of loss of cheque cannot be determined at stage when evidence is yet to come - Order passed by Court below does not suffer from any illegality or infirmity - Proceedings cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 251 -- Dishonour of cheque - Non framing of formal notice u/s 251 Cr.P.C. - No formal notice is required to be framed so long as substance of accusation is stated and accused is asked whether he pleads guilty or intend to lead any defence evidence and more so when accused fails to point..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant for cross examination - Despite last opportunity granted to petitioner, he failed to place on record the evidence - However, on next date of hearing, Presiding Officer was on leave - Trial Court should have considered the application u/s..........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482, Constitution of India, 1950, Article 20(3) -- Dishonour of cheque - Quashing of complaint - Offence by company - Accused not named as authorised signatory - Court directed accused to file affidavit as to whether he was such authorised signatory or not - Seeking such affidavit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of four cheques - Single notice - Consolidation of all the four complaints - There is no provision of consolidation of cases in Cr.P.C. - All four complaints directed to be fixed on one date so that it is convenient to both the parties to attend the hearing of all the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice - Question of service of notice - It is a triable issue - Order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compromise - Accused and complainant compromised the matter - Complainant received Rs.10 lakhs i.e cheque amount in terms of compromise - Conviction and sentence of accused set aside - Accused acquitted in terms of S.320(8) Cr.P.C...........
Criminal Procedure Code, 1973, Section 372 -- Proviso, 378(4), Negotiable Instruments Act, 1881, S.138 - Appeal against acquittal - Dishonour of cheque - Appeal against acquittal in prosecution for offence punishable u/s 138 of N.I Act, lies u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Where presence of complainant on particular day was quite unnecessary then resorting to step of axing down complaint may not be a proper exercise of power - Discretion must therefore be exercised judicially and fairly without..........
