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, 118, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Cheque issued by accused regarding work of supply of electricity, water and road construction - Cheque dishonoured for insufficient funds - Cheque was not undated and same was drawn for consideration - Held, there is presumption..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Legally enforceable debt/liability - Complainant No.2 filed complaint as power of attorney of complainant No.1 - Authenticity of copy of General Power of Attorney in his favour was not proved - He also failed to prove that he was authorized or entitled to possession of cheques in his name - Held,..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise between parties - Held, offence allowed to be compounded on the basis of compromise - Judgment of conviction and order of sentence passed by both Courts below set aside - Revision allowed...........
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 - Criminal proceedings Quashing of Cross case against both parties - Compromise between parties during pendency of petitions filed u/s 482 CrPC - Held, criminal proceedings liable to be quashed - Order accordingly...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Unsigned notice - Not a notice in the eye of law - Unless and until a notice is signed, the contents of the notice cannot be said to be authenticated - Word `inform' means to convey the information about authenticated facts - Unsigned notice is no information in the eyes of law...........
