Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Supply of inferior goods - Negotiations for return of goods - Accused insisted complainant to take back stock and not to present any of cheque - Complainant though agreed to take back stock but filed complaint of dishonour of cheque - Complainant had obtained a decree for recovery of amount in civil..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Plea of limitation - Objection regarding maintainability of complaint on the ground of limitation is raised and decided against accused by High Court - Order of High Court was confirmed by Supreme Court - Those orders were passed at the initial stage upon application filed to quash..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Dismissal for no, prosecution - Validity of - Prosecution has closed its case and accused examined u/s 313 of the Code of Criminal Procedure, 1973 - Held, court was required to pass a judgment on merit of the matter - Magistrate was not justified in dismissing the case for no, prosecution..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Trial - Opportunity to adduce evidence - Grant of - Accused person initially declined to adduce evidence - Subsequently, before argument was heard, filed an application seeking opportunity to adduce defence evidence - Held, as argument was not heard, granting of an opportunity, directing to complete..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complainant by LRs of deceased payee - Cheque was issued in the name of deceased after one month of his death - None of the applicants named as payee of cheque - Nothing on record on the basis of which it can be said that applicants were holder in due course - Held, unless applicants were..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre mature complaint - Complaint filed within seven days of issuance of notice - Complainant can file complaint only when accused fails to pay within fifteen days of receipt of notice - S.138(c) of the Act is offended - Prosecution of petitioner untenable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proof of - In addition to the insufficiency of funds, to return the cheque, bank had stated that the `signature differ' - Execution is also in dispute - Opportunity to cross-examine complainant was not given to accused - Held, prejudice was caused to the revision petitioner because of denial of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties - Applicant has paid amount of cheque i.e. Rs.73, 000/- to respondent No.2 - Held, Offence u/s.138 stands compounded by invoking provisions of S.147 of the N.I. Act - Conviction and sentence set aside - Accused acquitted subject to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - If the cheque is given towards any liability or debt which might have been incurred even by someone else, the person who is a drawer of the cheque can be made liable u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued to discharge liability of another person - A person who issued the cheque can only be prosecuted - Such other person cannot be prosecuted...........
