Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Revision - Compromise between parties - Petitioner/accused paid full amount of cheque in question with interest - Looking to poor condition of petitioner, in interest of justice, impugned judgment set aside in view of compromise arrived at between parties, with condition..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of director - Quashing of - Contention that petitioner No.1 (director of company) have resigned from board of directors much prior to issuance of dishonoured cheque - No specific allegation against petitioner No.1, especially in the light of reply of notice - Held,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Concurrent findings of Courts below regarding conviction of revisionist - No illegality, impropriety and irregularity in the judgment and orders passed by Courts below - Held, no interference is called for - However, sentence of simple imprisonment of three months..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice issued - Complaint not filed - Notice issued for the second time - Complaint filed on the basis of dishonour of cheque for the second time - Cause of action cannot be extended once the notice is received by the drawer of the cheque and payment is not made - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Discharge of existing debt or liability - Winding up proceedings - Cheques issued by appellant towards outstanding amount in respect of supply of goods by respondent were dishonoured - Further, no acceptable explanation given by appellant as to why cheques were dishonoured - Plea that cheques were..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of Directors - Legality - Complainant has made necessary allegation against petitioners and other co-accused persons that they were directors in company, had issued cheque, assured for payment and notice had been served upon them - Held, averments were sufficient..........
Negotiable Instruments Act, 1881, Section 138,142(2) -- Dishonour of cheque - Pre mature complaint - Cognizance - Different opinions - Needs to be resolved authoritatively - Matter referred to three-Judge Bench as to : (i) Can cognizance of an offence punishable under Section 138 of the Negotiable Instruments Act 1881 be taken on the basis of a complaint filed before the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Existence of - Proof - Respondent used to provide licence to Appellant which is business transaction between them - Cheque was obtained from respondent for security purpose - There was no money transaction between parties - Held, necessary corollary would be that there is no..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Validity - Complaint and oral evidence of appellant/complainant are silent as to date of receipt of notice by accused - Reply notice sent by respondent/accused was not marked - It is not stated in reply notice that when accused received notice - Held, it cannot be presumed on what date notice..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Conviction - Validity - Complainant had given loan of Rs.1,50,000/- to accused - Cheque issued by accused for re-payment of loan amount got dishonoured - Accused did not deny his signature on cheque - Accused could not lead any evidence as contemplated u/s.139 as he did not choose to file reply to..........
