Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482, 251 -- Dishonour of cheque - Quashing of proceedings - Accused having alternate and efficacious remedy to urge the pleas before trial Court at the time of framing notice u/s 251 Cr.P.C., - Inherent powers of Court not required to be invoked to quash proceedings arising out of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Handwriting expert - Blank cheque - Signatures not disputed - Held, there is no need for verification of the handwriting by which the name of the payee and the amount has been filled up...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Cheque duly signed by drawer - Payee can complete the same - Person signing cheque is liable upon such instrument, in the capacity in which he signed the same to any holder thereof in due course for payment of such amount...........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Allegations mainly constituting the offence that cheque was signed by P2 who stood guarantor for P1 and cheque was from account of P1 - No Cogent evidence to show that cheque was issued by P2 - No expert has been examined to prove the signatures -..........
Indian Penal Code, 1860, Section 420, Negotiable Instruments Act, 1881, Section 138 -- Fraud - Dishonour of cheque - Proof - Agreement of guarantee shows that signatures of P1 and P2 looks to be obtained on blank papers and after these documents have been got typed - Signatures do not look to be appended after scribing of documents - Petitioner liable to be acquitted...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Bringing on record a judgment of conviction of plaintiff in a case of dishonour of cheque amounting to Rs.4 lacs on the plea that a person convicted for dishonour of cheque amounting to Rs.4 lacs cannot be believed to advance loan of more than Rs.10 lacs - Transactions of the instant..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Accused was convicted and sentenced to undergo R.I. for 1 year with fine of Rs.20,000/- - Accused has agreed to repay amount and has compounded the dispute - Moreover, accused was granted concession of bail subject to depositing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Amounts to acquittal of accused - Order can be challenged by seeking leave to appeal u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Absence of complainant from proceedings was not willful or intentional but due to justifiable reason - Moreover, proceedings were pending for securing presence of accused - Even, Magistrate neither examined nor..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Petitioner wanted to compound the offence on the first date of hearing on receipt of notice from the Court but complainant opted to avoid the receipt of money - Direction given to petitioner to deposit a specific sum of money which would include amount of cheque and interest on that amount as well as..........
