Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per petitioner he did not sign the cheque - Dishonor by the bank was made not on the ground that the signatures differ but on the ground that insufficient funds - Onus shifted on petitioner but petitioner failed to lead any evidence which arose in favor of bank - There is no illegality..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Stage of case is for recording of plea - Presence of complainant is not necessary and recording plea is by Court - Magistrate ought not to have dismissed complaint for non-appearance of complainant - Amount of cheque is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of witnesses - Prima facie there was substance in the plea of accused for the purpose of leading additional evidence in defence - It would have not caused prejudice to complainant as complainant would have got a chance to cross-examine witnesses..........
Negotiable Instruments Act, 1881, Section 143A -- Power to direct interim compensation - Petition filed against order allowing application under Section 143-A of the Act for paying interim compensation - Held, power conferred is discretionary - No issues to be examined by the Court while adjudicating upon an interim application - While depositing the amount no irreparable..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and finger print expert - Accused stated in his statement u/s 313 Cr.P.C that cheque in question did not bear her signatures - Merely because cheque was dishonoured on account of insufficient funds and not on the ground of signature differs would not lead to..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction - Transfer of case - S.142(2)(b) of the Act provides that the offense u/s 138 of the Act shall be inquired into and tried by a Court within whose local jurisdiction, if the cheque is presented for payment by the payee or holder in due course, the branch of the drawee bank where the..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Proprietorship firm - Arraying of a proprietor as an accused or a proprietary concern represented by proprietor is sufficient compliance with the requirements of S.138 of the Act - Proprietor and proprietary concern not required to be separately arrayed as a party accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Power of attorney holder can file a complaint, can depose an affidavit as also record his sworn statement in a proceedings u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Original cheque, original written memo and other relevant papers fell on road in transit - On the same day police complaint was lodged - While issuing process, the documents were before Magistrate - When documents were lost then necessary permission..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
