Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order to deposit 20% of amount of fine or compensation as awarded by trial Court - If appellate Court passes order of deposit of 20% or more amount of fine or compensation that in fact is a beneficial order for..........
Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 421 -- Dishonour of cheque - Appeal against conviction - Power of appellate Court to order payment pending appeal - Order of deposit of 20% of amount of fine or compensation as awarded by trial Court - If lower Appellate Court has passed order of deposit of 20% of amount, then although..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Cheque issued at a place in Kerala and presented for encashment at Bangalore where complainant had its office - Complaint filed at Gurgaon - Compliant filed at Gurgaon just to harass and putting undue pressure upon accused -..........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Defendant failed to make payment in terms of previous MOU, as cheque issued by defendant got dishonoured - Plaintiff filed a complaint u/s 138 of N.I. Act - Settlement again arrived at between parties before Mediation - Defendant contended that said settlement supersedes the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dismissal of complaint u/s 138 of N.I Act - Remedy available to victim is to seek special leave to appeal u/s 378(4) Cr.P.C, whether victim is complainant himself or somebody else...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Appeal against acquittal - Accused allegedly issued cheque to complainant towards discharge of his liability related to promissory note executed by him - Non-production of alleged promissory note by complainant before Court - Cheques have been issued on the same day as that of execution of note -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Delay in filing complaint - Filing of an application u/s 5 Limitation Act instead of filing an application u/s 142 of the Act - Complaint cannot be dismissed as barred by limitation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Demand of cheque amount alongwith additional demand - If in the notice, claim/demand of cheque amount as well as other amount for interest, etc. have been made specifying the same separately, the same will not invalidate the notice - Held, notice cannot be said to be invalid notice...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 27, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Notice - Sent by registered post correctly addressing to the drawer of cheque - Service of notice is deemed to have been effected - Drawer is at liberty to rebut the presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complainant specifically averred that accused being Directors of company were actively participating in day-today affairs of accused/company - Further, A-1 to A-4 are alleged to be from same family and running accused company together..........
