Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Offence compounded - Conviction set aside - Accused acquitted - Prayer for exemption to pay 15% compounding fee as accused is required to expend huge sums of money towards his kidney ailment - Prayer accepted - Penalty reduced from 15% to 7% - Directions issued...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Vicarious liability - Independent and a no, executive Director of a company - In absence of any specific role attributed against him for his active participation in day to day affairs of company and of taking all decisions of company, particularly when he is not signatory to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Handwriting expert has given opinion stating that writings marked in cheques were found to have been executed on document with prior signature marked at a different time with different ink - But handwriting expert has not been examined or cross examined in order to arrive at a opinion..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Neither accused confront complainant with copy of notice nor accused filed a copy of it along with the statement u/s 313 Cr.P.C. - Even, accused does not send any reply notice to statutory demand notice nor issued directions to his bank to stop payment - Moreover, accused fail to discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued towards loan amount of Rs.30 lakhs - Such loan disclosed in the Income Tax returns - Plea of taking loan of Rs.10 lakhs and that plea of repayment of the same - However, no material to show return of said sum to complainant - Though accused can discharge burden by preponderance of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act creates an offence and prescribes punishment - Procedure for investigation of offence is not contemplated...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Cheque issued by Director and Executive Director of company - Company was not arraigned as a party and only individuals are arraigned as party - No statutory notice was issued as against petitioner - Petitioner was implicated by filing a petition u/s 319 Cr.P.C and same was..........
Evidence Act, 1872, Section 138 -- Cross-examination - After re-examination of witness - Permissibility - Cross-examination sought on the ground that leading question was put in re-examination - Said plea has no basis, as no objection was apparently raised during re-examination - Cross-examination rightly not permitted...........
Evidence Act, 1872, Section 138 -- Cross-examination - Cross-examination after re-examination - Once purpose of re-examination was already before Court and despite that re-examination was permitted and witness has not said anything beyond that, permission sought by petitioner seeking to cross-examine witness after said statement has no basis - As regarding plea sought to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant not placed on record that accused was residing in village `S' at time of alleged advancement of loan to him - Even, there is nothing on record to prove that complainant knows much about accused nor he has any written acknowledgment regarding lending to accused -..........
