Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction - Modification of sentence - Amount involved in cheque in question is Rs.2 lakhs - Trial Court convicted and sentenced accused to one year SI and to pay fine of Rs.3000/- - Revision - Held, sentence modified to six months SI and to pay compensation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Modification of sentence - Revision - Cheque for a sum of Rs.50,000/- issued by accused 2 to 4, on behalf of first accused firm - Said cheque was dishonoured on ground of insufficient funds - Same was proved before trial Court after evidence - Subsequently, appeal had also been dismissed on..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Complaint - Application for sending documents for examination and opinion of handwriting expert - Rejection of - Held, it would amount to depriving accused of opportunity of rebutting presumption - Impugned order of rejection of application liable to be set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have entered into a settlement during pendency of appeals - Terms and conditions settled between parties - Held, in view of the settlement, parties permitted to compound offence punishable u/s 138 of NI Act...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Territorial jurisdiction - Transfer of complaint - Both complainant as well as accused reside in district of Keonjhar - Alleged loan in cash was given by complainant to accused at Keonjhar - Purported cheque given by accused to complainant was at Keonjhar..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Legally enforceable debt - Complainant alleged that accused purchased cement bags from him and cheque issued for payment of price of same was dishonoured - Complainant failed to adduce any evidence regarding sale of cement bags as averred in complaint - Suppression of material facts by..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Grant of permission - Validity - Application preferred by complainant u/s.65 of Evidence Act not supported by affidavit - It did not give full particulars and was under signature of a counsel appearing for complainant - Contention on behalf of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank or incomplete cheque - Alteration therein - Held, it is open to a person to sign and deliver a blank or incomplete cheque and is equally open for holder to fill up blanks and specify amount therein - This does not amount to any alteration in cheque if cheque was not initially signed and issued for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Liability of guarantor - Held, co-extensive with borrower and if cheque issued by a guarantor is bounced, proceeding u/s.138 of N.I. Act vis-a-vis a guarantor is maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt or liability - Held, if cheque is handed over representing that at eventuality of failure to repay loan within stipulated period it could be encashed, it cannot be said that cheque was issued representing security and not liability...........
