Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 156(3), Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Complaint filed u/s 420 IPC - Magistrate forwarded complaint to police for investigation u/s 156(3) Cr.P.C. - Complainant pleaded all necessary averments and allegations to invite an offence u/s 138 NI Act - Trial Court..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Accused residing outside jurisdiction of Court - Enquiry u/s 202 Cr.P.C. - Enquiry u/s 202 Cr.P.C. whether attracted even for offence u/s 138 NI Act - Question of law left open...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint for no, prosecution - Non-appearance of complainant was on one date due to absence of knowledge of transfer of case to another case - Absence of complainant on one date is no ground to dismiss complaint - Order of dismissal set aside - Complaint ordered to be restored at the stage..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Appeal against acquittal - Capacity to advance loan - Nothing on record regarding payment of Rs.10 Lakhs by complainant to accused - Even, accused has appeared as defence witness and stated that she had litigation with one `A' and after..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 438 -- Complaint u/s 138 NI Act and u/s 420 IPC - Proceedings for recovery also initiated - Since remedy for recovery having been availed against petitioner, he can be granted pre-arrest bail - Pre-arrest bail granted...........
Criminal Procedure Code, 1973, Section 300 -- Distinct offence - Second trial on the same facts - Permissibility - Acquittal in a case u/s 138 NI Act - Accused cannot be made liable for second trial on the same facts even for a different offence u/s 420 IPC, on the ground that some more allegations were not made in first trial, as bar contained u/s 300 Cr.P.C. is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 265E(a), 265E(b), 265E(c), 265E(d), 265E(e) -- Dishonour of cheque - Plea of bargaining - Offences u/s 138 of NI is not covered by S.265(E) clauses (a) to (c) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - When post dated or blank cheques are issued and issuance of cheque is not in dispute, it will be difficult to accept that there was no transaction between parties - Court cannot hold accused guilty only because it comes to conclusion that there was some understanding or transaction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - There appears to be very close relationship between husband of complainant and accused - However, under what circumstances, amounts were paid to accused, how much amount was actually paid to her and under what circumstances cheque was obtained from her, is not clear - Why husband of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Principle that criminal charge must be proved beyond reasonable doubt applies to offences punishable u/s 138 of the Act - Presumption u/s 118 and 139 of the Act do not do away with necessity of proving accusation beyond reasonable doubt...........
