Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Matter compounded by parties - Complainant is permitted to withdraw the complaint - However, keeping in view of poor financial condition of accused, it is appropriate case to impose lesser compounding fee - Accused held, directed to deposit compounding fee of Rs.5,000 instead of 15% of cheque..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction by trial Court - Acquittal by Sessions Court - It is evident that even before issuance of cheques, a report regarding loss of said cheques had already been lodged by respondent - Complaint was filed in month of March wherein it is stated that he had started business of supply of milk 4 months..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Earlier loan of Rs.40,000/- remained unpaid - Second loan of Rs.1,70,000/- in cash by complainant who was admittedly a money lender is quite improbable...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Rebuttal - Earlier loan of Rs.40,000/- - Plea that cheque issued was one issued as security in the discharge of that liability and such cheque was misused by complainant to make it appear that there was a subsequent transaction - Accused successfully rebutted the presumption -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Admission of signatures - Presumption comes into play - However, complainant has since discredited his own case in his cross examination which creates doubt over the story of complainant and genuineness of his claim - Acquittal calls for no interference...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Application of accused for examination of cheque through handwriting expert was dismissed - Petitioner from the very beginning contended that cheque is misused by respondent as it was lost in transit - Moreover, if accused is not granted liberty for his possible defence,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled between parties - Entire due amount stands paid by accused to bank - Court ordered compounding of offence in question subject to payment of compounding fee @ 10% of cheque amount by accused - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Complainant alleged that initially when cheque was presented, amount was credited to his account - However, in pursuance of an email sent by accused to bank threatening legal action and a further police complaint, transaction entry was..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Maintainability of complaint qua accused - Contention that accused is not a signatory to cheque, thus, no proceedings are maintainable against accused - Contention rejected as initially it was accused who had entered into lease agreement with complainant in pursuance of which cheque in question was..........
Negotiable Instruments Act, 1881, Section 138, 82, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Material alteration - Quashing of complaint - Factum of who carried out material alteration is disputed - Disputed question of fact cannot be gone into by High Court while exercising its powers u/s 482 Cr.P.C - Petition for quashing dismissed...........
