Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Signature do not match - Constitutes an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stop payment - Offence is committed regardless whether such stoppage is with or without notice to the drawer and regardless whether stoppage of payment is on the ground that amount lying in the account was not sufficient to meet the requirement of cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Failure to prove advancement of loan - No receipt or document executed for advancement of loan - Cheque filled in with two different pens, indicating that it was misuse of blank cheque - No illegality or perversity in the impugned order of acquittal...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute amicably settled by parties - Complainant not interested in prosecuting accused and thus, permitted to compound the offence - Conviction and sentence passed against accused set aside, subject to deposit of 15% of cheque amount with Uttarakhand State Legal Services..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissed of complaint in default - Complainant diligently pursuing his remedies and he also have given an explanation for his no, appearance on the date fixed due to wrong noting down of date - Even otherwise there is no reason as to why complainant would stop pursuing his case as it is a complaint..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint dismissed for default - As per evidence on record, it shows that in no way by absence, complainant is to be benefited in this complaint nor there is anything on record to show that there was any malafide intention on part of complainant for his..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - No document to show any loan transaction - Complainant also not proved his capacity to give such a big loan - Even if complainant had collected the money from his grandmother and relatives, then why he has given such a huge amount to accused without obtaining any security document/receipt - Probable..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Rebuttal - No document to prove loan transaction - Evidence on record shows probable version given by accused is correct - Complainant failed to prove his case against accused beyond shadow of reasonable doubt - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioner not signatory to cheque - However, in case if he has any role to play in issuance of cheque in question, then said question is to be determined during course of proceedings in complaint - Petition disposed of accordingly...........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Presumption - Admittedly, complainant has no friendly relationship with accused, hence, there is doubt that why complainant will give such a huge amount without getting executed any security document - Even, there is nothing on record to show any..........
