Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Accused already deposited compensation amount of Rs.6 lakhs and also fine of Rs.10,000 - However, what remains is to undergo S.I of 2 months - Accused is the only earning member in family and her source of income is very nominal - If she undergoes S.I for 2 months, then she..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default at the stage when it was fixed for addressing arguments - Complainant was duly represented by his counsel - Magistrate was not justified in dismissing complaint in default for single absence of complainant, particularly on a..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheque whether issued by force or there was outstanding, which is lawful or not - This question of fact cannot be considered in a petition for quashing proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Sentence reduced by High Court till rising of Court and accused was directed to pay compensation and in default thereof to undergo imprisonment for three months - Accused in execution of sentence awarded by Sessions Court underwent imprisonment for three months - Held, said period of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Issuance of process - Enquiry u/s 202 Cr.P.C. is not mandatory in proceeding u/s 138 of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Claim for fee based on percentage of subject matter in litigation cannot be basis of a complaint u/s 138 of the Act - Such claim is against public policy and hit by S.23 of Contract Act - Being an act of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in favour of an advocate by his client/accused towards his fee - Cheque dishonoured - Mere issuance of cheque by client may not debar him from contesting liability, if liability is disputed - Advocate has to independently prove the contract...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of two cheques - Complaint filed on the basis of subsequent presentation of cheques and dishonour of cheques by issuing second demand notice is maintainable, if complaint was filed within 1 month of accrual of cause of action u/s 142(b) r/w S.138(c) of N.I. Act...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Criminal Procedure Code, 1973, Section 311, Evidence Act, 1872, Section 137 -- Dishonour of cheque - Dismissal of application u/ss 145(2) of NI Act and 311 Cr.P.C. - Means obstruction in bringing out evidence on record - Court is duty bound to allow cross-examination of witness whose examination-in-chief has already..........
Negotiable Instruments Act, 1881, Section 138, 141, 142 -- Dishonour of cheque - Company - Director - Quashing of proceedings - Petitioner neither signatory to cheques in question nor he was Director of Company on the date of issuance of cheques - Rather, he had resigned from his position long back, which was duly accepted - Continuation of proceedings against petitioner..........
