Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Enhancement of sentence - In the instant case, accused is not imprisoned but only sentenced to pay fine of Rs.2 lakhs and in default, to suffer S.I. for 3 months for dishonour of two cheques amounting Rs.1 lakh each - As per S.138 of the Act, it is permissible to pass sentence..........
Negotiable Instruments Act, 1881, Section 138, 6, 5 -- Dishonour of cheque - Document which complainant relies on as a cheque, in fact is a withdrawal slip and not cheque - Acquittal of accused by trial Court is possible view - No reason to interfere in order of acquittal - Application seeking leave against acquittal dismissed...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Nothing on record regarding payment of Rs.10 Lakhs by complainant to accused - Even, accused has appeared as defence witness and stated that she had litigation with one `A' and after..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Discretion of Court - Order of acquittal cannot be mechanically passed on the absence of complainant - Magistrate is expected to exercise discretionary power conferred on him judicially and judiciously...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Non-appearance of complainant - Order of acquittal of accused - Accused is served with summons but does not remain present before Court and a warrant is issued, but still not executed - It would therefore, not be just and proper to focus on absence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Non appearance of complainant - Dismissal in default - Amounts to acquittal as contemplated u/s 256 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for no, appearance of complainant - As per evidence on record, complainant was absent and his counsel applied for leave and sought for an adjournment which was rejected by Court below as there was a specific direction to produce..........
Negotiable Instruments Act, 1881, Section 138, 139, 118(a) -- Dishonour of cheque - Legally enforceable debt - Presumption - Complainant failed to prove that cheque in question is towards discharge of existing legal liability, as there is no iota of evidence to prove the alleged transaction of purchase - Several admissions of complainant are fatal to his case as they have..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Complainant and accused No.1 both are companies and no record in respect of loan allegedly given by complainant company to accused company has been produced - Even, complainant company cannot advance short term loan to accused company without any..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - It is acknowledgment of liability on part of drawer that cheque holder may use security as alternate mode of discharging his liability - In the instant case, if cheque is taken as security cheque, then accused has made himself liable as he has not sent any payment to complainant..........
