Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Where a cheque is issued as an advance payment for a purchase and transaction does not reach fruition due to cancellation or other factors and intended goods are not delivered, such a cheque cannot be deemed to have been issued against an extant obligation...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advance payment via cheque in a way signifies absence of a pre-existing liability at the time of cheque issuance...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque in satisfaction of an existent or past judicially determined obligation is a prerequisite for constituting an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheques not having been issued for any debt or liability - Proceeding rightly quashed...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Reasons for allowing maximum compensation of 20% not given - Without there being any reason to award maximum compensation, order cannot be considered to be passed after due application of mind - Impugned order set aside - Matter remitted for decision afresh...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of Cheque - Trial Court acquitted accused after closure of examination-in-chief of complainant two opportunities were given and complainant has not tendered himself for cross-examination - Complaint remanded back with giving one more opportunity with cost of Rs.5,000/-..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Waiver of compounding fee - Complainant received the agreed amount - Accused is permitted to compound the offence - However, prayer for waiving of compounding fee not acceptable but considering mitigating circumstances of accused, same is reduced to Rs.10,000/- - Conviction..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question neither signed by accused nor drawn on a bank account maintained by him - Cheque is signed by father of accused - There is no liability of accused - Order of trial Court acquitting accused confirmed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation within validity period of cheque is permissible - However, once demand notice is issued, thereafter no presentation is permitted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - It is only where accused "pleads not guilty" of accusation made in complaint that interim compensation u/s 143-A(1) of the Act can be granted...........
