Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction of accused had attained finality by virtue of order passed by Supreme Court much before filing of petition for compounding of offence - However, no application for compounding of offence was filed after compromise between parties - Since prayer for compounding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant claims that accused committed default in payment of loan - It was not the case of accused himself that loan was prematurely recalled or that was not due as on date of issuance of cheque or presentation of the cheque as the case was denial of availment of loan itself - However,..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused denied issuance of cheque in question and denied receipt of any money from complainant and also denied any transaction with him - Presumption u/s 139 of the Act would not continue to exist against accused - Burden would shift upon complainant to establish that transaction in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - At this stage it cannot be accepted that amounts deposited by nephew of accused in bank account of wife of complainant was towards debt incurred by accused - No case of quashing complaint is made out - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Petitioners have not issued cheque and they have tendered their resignation much before issuance of said cheques - These are incontrovertible facts - Only a bald averment is made in complaint against them that..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager, who was authorised to institute complaint by Managing Director - Managing Director was delegated the power by Board of Directors, powers in general for management and operation of the company and Managing Director was also empowered to delegate..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager who was authorised to institute complaint by Managing Director - Knowledge of transaction with General Manager - Transaction between parties based on an agreement and General Manager appended his signatures to such document as a witness on behalf..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint filed by Company through General Manager - Indication in the complaint and the sworn statement (either orally or by affidavit) to the effect that complainant (Company) is represented by an authorized person who has knowledge, would be sufficient...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Averment - Explicit averment cannot be put in a straitjacket but will have to be gathered from the circumstances and the manner in which it has been averred and conveyed, based on the facts of each case...........
