Criminal Procedure Code, 1973, Section 31 -- Dishonour of cheque - Limit of punishment for offence consisting of several distinct offences - 13 cheques dishonoured - Each cheque issued relates to distinct and separate purchase transactions - Held, Section 71 of IPC not applicable - Each purchase transaction being separate and complete in itself, cannot be said to be parts..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 34 -- Offence of cheating and dishonour of Cheque - Complainant entered into an agreement with the land owner for the development of land - Said agreement could not fructify and materilise as `no objection' could not be obtained - Complainant reconciled with the situation and agreed to..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Simultaneous proceedings can be initiated u/s 138 of NI Act as well as u/s 420 IPC...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 34 -- Dishonour of cheque - Quashing of complaint - An FIR registered u/ss 406, 420, 34 of the IPC for the alleged dishonour of cheque - Subsequent prosecution u/s 138 of N.I. Act - Accusation made against petitioner that cheque dishonoured on account of insufficient funds -..........
Indian Penal Code, 1860, Section 420 -- Cheating - Mens rea - Allegation of cheating on account of dishonour of cheque - It was specifically stated in charge sheet that accused gave cheque fraudulently and dishonestly with a view to cheat respondent knowing fully well that there was not sufficient amount in his account - Held, allegations in charge sheet discloses mans rea..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 463 -- Dishonour of cheque - Blank cheque - Filling up of the blanks in a cheque by itself does not amount to forgery...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - `Closed account' - Two cases filed - One u/s 138 NI Act and the other u/s 420 IPC - Accused convicted in both the cases - Sentence will run concurrently...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint u/s 138 of the Act does not bar another complaint u/s 420 IPC as ingredients of S.420 IPC and Section 138 Negotiable Instruments Act are distinctly different and operate in two different spheres...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, Indian Penal Code, 1860, Section 64 -- Dishonour of cheque - Default in payment of compensation - Default sentence of imprisonment can be imposed for non payment of compensation...........
Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Cheating - Cheque bouncing - Bar on second trial - Held, dishonour of a cheque for insufficiency of funds may, in a given case constitute offence u/s 420 IPC and S.138 of NI Act for both of which offender is liable to be prosecuted either in..........
