Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account closed - After or prior to issuance of cheque - When account is closed after issuance of cheque or even prior to issuance of cheque an offence u/s 138 of the Act can be attracted, provided other ingredients of offence are there...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused found guilty - Accused sentenced of imprisonment till rising of Court and to deposit an amount of Rs.62,000/- as compensation to appellant payable within three months and in default to undergo simple imprisonment for one month...........
Negotiable Instruments Act, 1881, Section 138, 143, Criminal Procedure Code, 1973, Section 326 -- Dishonour of cheque - Conversion of summary proceedings to summons proceedings - Cannot be made passively in silence - There must be a specific order indicating the switching over of summary trial to summons trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signatures differ - Even when the signature differ, if there were no sufficient amounts in the accounts of the accused to honour the cheque, an offence u/s 138 of the Act is made out...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Cheque amount Rs.62,000/- - Accused convicted and sentenced to undergo imprisonment till the rising of Court and to deposit an amount of Rs.62,000/- as compensation to the appellant within three months and in default to undergo simple imprisonment for one month...........
Negotiable Instruments Act, 1881, Section 138, 142(2), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Held, while calculating the period of one month which is prescribed u/s 142(b) of Negotiable Instruments Act, the period has to be reckoned by excluding the date on which the cause of action..........
Negotiable Instruments Act, 1881, Section 138, 142(b), General Clauses Act, 1897, Section 9 -- Dishonour of cheque - Limitation to file complaint - Reckoning of period of limitation - Limitation Act is not applicable to Negotiable Instruments Act - However, with the aid of S.9 General Clauses Act, which is applicable to Negotiable Instruments Act, it can safely be..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary or summons trial - Evidence recorded word by word and not in the form of notes or substance - Procedure prescribed for summons case was thus followed - Disposal of case by successor Magistrate would not vitiate trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summary trial - Successor Magistrate cannot proceed on the evidence recorded by his predecessor for the reason that summary trials are only substance of evidence - Court does not record entire statement of witnesses - Successor Judge or Magistrate cannot appreciate the evidence only on the basis of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 263, 264 -- Dishonour of cheque - Summary or summons trial - Magistrate has to take a decision either at commencement or in course of trial...........
