Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311, 313 -- Dishonour of cheque - Re-examination of accused u/s 313 Cr.P.C. at the stage when case was pending for judgment after hearing arguments - Held, even when case is posted for judgment, Court has power u/s 311 to recall and re-examine any person already examined - On..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Accused convicted - Complainant filed revision petition in High Court seeking enhancement of sentence - Accused also filed appeal against conviction and sentence which is pending before Sessions Judges - Held, u/s 397 of Criminal Procedure Code, question of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence - Appellate Court suspended sentence subject to deposit of Rs.1.00 lac - Condition imposed does not amount to denial of statutory right to appeal - However, condition modified to deposit of Rs.50, 000/- by the..........
Negotiable Instruments Act, 1881, Section 145 -- A witness cannot be summoned for his examination in chief in the Court despite affirming affidavit in that behalf...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint trial - Thirteen cheques issued by the petitioner on different dates - All the cheques presented by respondent with bank on different dates - Cheques dishonoured on different dates - Information in respect to dishonour received on different dates - Legal notices issued in respect of dishonour of..........
Negotiable Instruments Act, 1881, Section 138 -- 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..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70(2), 71 -- Dishonour of cheque - Absence of accused - Issuance of non bailable warrants - Accused regularly attended trial from 17.07.2004 to 27.07.2007 - On 27.07.2007 accused had to go to Jaipur all of a sudden without seeking exemption of appearance from the court - As such..........
Negotiable Instruments Act, 1881, Section 138 -- Presentation of cheque with the bank - Meaning of word `presentation' - It means presentation of cheque to the drawee bank - Deposit of cheque by the payee with its banker does not amount to presentation within the meaning of Section 138 of the Act - The payees bank only acts as an agent of the payee for the purpose of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Original agreement between the parties took place and cancelled at Jaipur - Cheque drawn of a bank at Jaipur - Cheque deposited by the payee with its bank at Mumbai for presentation to the bank at Jaipur - Cheque dishonoured at Jaipur - Communication regarding dishonour received at Mumbai..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - An essential ingredient for maintainability of complaint - However, issuance of notice by itself does not give rise to the cause of action but communication of notice does...........
