Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - As per averments in complaint, statutory notice and examination of complainant, cheque was issued by petitioners in discharge of alleged debt or liability - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Application for examination of signatures on disputed cheque by handwriting expert filed by accused at stage of examination by defence - Cheque was returned by Bank for `insufficient funds' and not on ground `difference in signature' - Held, application filed at belated stage - Magistrate himself can..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Order of acquittal should not be disturbed unless the conclusions drawn on the evidence on record are found to be grossly unreasonable, perverse and palpably unsustainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques issued on behalf of Hindu Undivided Family - Cheques signed by the person who has no authority, though he is a relative of the Karta and the complainant - Held, signatory of the cheque rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal in default - Wrong noting of date by clerk - Discretion to dismiss the complaint on the technical ground of non appearance of the complainant should be exercised judicially and fairly without impairing the cause of administration of criminal justice - Complaint restored and Court to proceed..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Offence contemplated u/s 138 consist of 5 components i.e. drawing of the cheque, presentation of cheque to the bank, returning the cheque unpaid by the drawee bank, Notice in writing to the drawer of the cheque demanding payment of the cheque amount and failure of the drawer to make..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(2) -- Dishonour of cheque - Conviction - Revision against - Death of accused during pendency of revision - Revision does not abate - Revisional court to modify sentence imposed against accused by courts below as might be warranted to advance ends of justice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - No averment in complaint pointing out the specific role played by any of the partners - No averment as to who signed the cheque - No illegality in impugned order discharging accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Account not maintained by accused - Held, to attract an offence u/s 138 of the Negotiable Instruments Act it is mandatory that cheque should be issued by accused in account maintained by him...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Transaction and handing over of cheque totally denied - Veracity of the prosecution case as to transaction and execution of cheque has to be examined in reference to the materials tendered by the prosecution...........
