Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Opinion of handwriting expert in respect of certain documents - Accused already paid entire cheque amount and therefore cheque cannot be said to be issued for discharge of any legally enforceable debt or other liability - Complainant had acknowledged receipt of said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence by affidavit filed at pre-summoning stage - Issue of postponing process in view of amendment to S.202 Cr.P.C. does not arise as provisions of N.I. Act override provisions u/ss 200 & 202 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Plea that petitioner resides outside territorial jurisdiction of Magistrate and Magistrate failed to comply with the mandatory provision of S.202 Cr.P.C. at the time of issuance of process - Matter is at the stage of cross-examination of complainant whose..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Accused sentenced to undergo S.I. for 3 months and to pay compensation of Rs.2,60,000/- to complainant and in default to undergo S.I. for 4 months - Parties amicably settled the matter - Order of conviction and sentence set aside - Accused..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - Power of attorney in favour of PW1 was executed in view of resolution passed by company for appointing PW1 - Resolution was not signed by both the directors of company, as required, but by a single director - Such power of attorney is not sufficient..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney was only a private consultant - He had no personal knowledge of transaction between parties - Court below rightly observed that testimony of PW1 was based on information which must have given to him by supervisor of complainant or by..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint by power of attorney holder - PW1 attorney specifically deposed that he could not say as to whether he had shown any liability which was recoverable from accused - Transaction between parties was not proved and therefore legally enforceable debt was also not proved - Moreover,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Delay due to lapse of Postal Department in not furnishing information to complainant about receipt of notice - Delay bonafide and reasonable - Rightly excused by Court below...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mutual settlement before mediator - Accused agreed to pay Rs.26 lakhs towards full and final payment to complainant - Accused made payment of first installment of Rs.5.50 lakhs but failed to pay balance amount - Due to failure to perform the terms of settlement complaint was revived - Interest of..........
Negotiable instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial capacity to advance loan - Complainant failed to prove his financial capacity to advance loan and that there is legally enforceable debt payable by accused to him - Accused acquitted...........
