Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Accused is not liable to be tried again for the same offence u/s 138 of NI..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Merely because in the complaint u/s 138 NI Act, the facts which constitute..........
Indian Penal Code, 1860, Section 420, 406, 34, Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 300, 256 -- Dishonour of cheque - Dismissal in default for want of prosecution - Tantamounts to acquittal - FIR registered u/ss 420, 406, 34 IPC on the same facts - Even if accused was tried in respect of one of the charges, namely, u/s 138..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374, 378, 372 -- Dishonour of cheque - Appeal against acquittal - Complainant can approach High Court taking recourse to provision of S.378(4) of Cr.P.C. - Appeal preferred by complainant before Sessions Judge taking recourse to proviso to S.372 of Cr.P.C. will not be maintainable - But,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Burden of proving that cheque had not been issued for any debt or liability is on accused and that stop payment has not been asked because of insufficiency of funds...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Cheque even if issued as a security for payment, it is a negotiable instrument at the hands of payee - Merely because it is issued as a security is no ground to exonerate the penal liability...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Notice whether received by accused or not is a disputed question of fact which has to be decided as per evidence to be adduced by the parties during course of trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued through counsel - Misdescription of date and time - Does not militate and derogate the validity of notice, particularly when accused has himself issued the cheque...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Once a cheque is issued for discharge of any debt or liability it shall be presumed that it was issued by drawee - Burden is upon accused to disprove that it was not issued by him...........
Negotiable Instruments Act, 1881, Section 138, Stamp Act, 1899, Section 33, 35(d) -- Dishonour of cheque - Unstamped document - Impounding - Cheques issued on basis of unregistered and unstamped Memorandum of understanding - Is legally enforceable debt u/s 138 of the Act...........
