Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of revision in High Court - Appellant has wasted public time - Exemplary costs of Rupees one lakh imposed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque procured almost by way of extortion and was not given towards any legally enforceable liability - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of unsold goods - No receipt of these good obtained by complainant - It is also improbable that water purifiers worth Rs.1,45,700/- would be transported in dicky of the car and there is also serious dispute about date on which goods were returned to accused - It is not clear that disputed cheques..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 407 -- Dishonour of cheque - Jurisdiction - Transfer of complaint u/s 138 of the Act from Court `B' to Court `K' - If cheque is delivered for collection through account, the branch of bank where payee or holder in due course maintains account is situated, shall have jurisdiction to..........
Negotiable Instruments Act, 1881, Section 138, Partnership Act, 1932, Section 69(2) -- Dishonour of cheque - Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable to proceedings u/s 138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of N.I.Act are not recovery proceedings and in a given case Criminal Court may only award sentence of imprisonment...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Irrespective of complaint proceedings u/s 138 of the Act creditor has right to institute civil suit for recovery of his debt and same is recoverable only if it is a legally enforceable debt or other liability...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Determination of age of cheque and ink on the cheque - No pleadings or submission in this regard while replying to the notice or making submissions before Court - Moreover, signatures admitted by petitioner and other parameters appearing to be in conformity with provisions of the Act, which deprives..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of six cheques - Cheques issued in consequence of OCC/OD limit of Rs.50 lakhs availed by accused from complainant bank which makes a legally enforceable liability qua accused - Cheques and demand notices issued on different dates constituting separate cause of action - It does not form one single transaction rather..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 30 -- Dishonour of six cheques - Default sentence - Accused directed to pay a fine of Rs.1 lakh in each compliant as compensation to complainant bank and in default of which further to undergo S.I of 1 month for each complaint cases by Trial Court - It shows nothing biased/adverse qua..........
