Indian Penal Code, 1860, Section 306, Criminal Procedure Code, 1973, Section 482 -- Abetment of suicide - Complaint - Quashing of - Petitioners were having loan transactions with deceased and it was normal for them to insist that their money be returned - No act has been attributed to them which can be termed to be taking recourse to illegal activity for recovery of such..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Appellant-complainant admitted in his cross-examination that he had given Rs.1,50,000/- to "S" and that he had never met accused prior to coming to court - The said defence was also raised by accused while giving reply to notice served by complainant - Held,..........
Negotiable Instruments Act, 1881, Section 138, 145, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Examination of complainant - Complainant has submitted an affidavit in support of his complaint which contains the entire factual position - Held, it is proper compliance of S.200 of the Code, 1973 in light of the provisions of S.145 of the Act of 1881 -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability of Bank Manager - Bank Manager is under no liability in private transactions through cheques...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Applicant accompanied other accused to place `S' at the time of placing of orders - Cannot saddle applicant with any responsibility u/s 138 of the Act...........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138 -- Quashing of order - Dishonor of cheque - Applicant/bank manager acted in accordance to his duty and is not liable for private transactions - Even, responsibility for payment lies on drawer of cheque only - Moreover, no ingredients for making out offence against applicant are..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Original complainant is not found to be payee and/or holder in due course of cheque which has been dishonoured thus, she has no locus standi to file complaint for offence u/s 138 of the Act - Complaint at instance of respondent no.2..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction and sentence - Revision - Matter has been settled between parties - Held, in view of provisions of S.147 conviction and sentence of accused set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 - - Dishonour of cheque - Conviction - Validity - Issuance of cheques by petitioner and the same having been stopped payment by him is not in dispute - Legal notice that was issued by respondent/complainant was also, admittedly, received by petitioner - He neither replied the same nor controverted - Held, presumption of..........
Negotiable Instruments Act, 1881, Section 138, 143 -- Dishonour of cheque - Summons case or warrant case - Proviso to S.143 enables trial Magistrate if he considers the case punishable with sentence of imprisonment for a term exceeding one year, Magistrate may proceed to examine/recall witnesses and hear the case accordingly, either by following the procedure for summons..........
