Negotiable Instruments Act, 1881, Section 138, 143A, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Order passed u/s 143-A of N.I. Act - Revision before Sessions Court against such an order is maintainable, as order passed u/s 143-A of N.I Act is intermediate order and not interlocutory order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented not within three months of its issuance - Clarification that accused assured him encashment of cheque and insisted to present cheque after couple of days - Clarification is an attempt in despair to bring the presentation within validity period - Trial Court committed no mistake in..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion - Comparison of writings on cheque - Accused pleaded that he issued blank cheque and complainant subsequently filled it up - Even, if case of accused is admitted to be true, S.20 of N.I Act comes into operation - Moreover, accused was also questioned u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once complainant has brought forward his case by giving his affidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if accused makes an application to Court as to, on what point he wants to cross examine the witness(es) and then only..........
Negotiable Instruments Act, 1881, Section 138, 143, 145 -- Dishonour of cheque - An accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his defence evidence and if he is so advised, he can also file an application for recalling any of the..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - If there is an application u/s 145(2) of N.I. Act for recalling a witness of complainant, Court shall decide the same, otherwise, it shall proceed to take defence evidence on record and allow cross examination of defence witnesses by complainant...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Plea of being nominee Directors and non executive Directors of Company - Petitioners whether incharge of the conduct of business or involved in the day to day affairs of the company is a matter of trial - No ground to quash proceedings...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a cheque is issued as an advance payment for a purchase and transaction does not reach fruition due to cancellation or other factors and intended goods are not delivered, such a cheque cannot be deemed to have been issued against an extant obligation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advance payment via cheque in a way signifies absence of a pre-existing liability at the time of cheque issuance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque in satisfaction of an existent or past judicially determined obligation is a prerequisite for constituting an offence u/s 138 of the Act...........
