Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was admittedly signed by accused - Cheque returned unpaid for reason `funds insufficient' - Notice sent to accused demanding amount mentioned in cheque was returned unclaimed - However, address mentioned in notice is registered address of accused - Offence u/s 138 of the Act thus, stands..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Time barred debt - It is a mixed question of law and fact - Not to be decided by High Court while exercising jurisdiction u/s 482 Cr.P.C. - Impugned order quashing proceedings set aside...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence - Condition to deposit 20% of cheque amount - If accused is able to make out a ground for reduction of percentage (20%) or for exemption to deposit, same has to be considered by appellate Court before directing deposit of compensation amount as a condition while suspending..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Quashing of summoning order - Petitioners are senior citizens and reside in Mumbai - Drill of S.202 Cr.P.C was not followed - Neither complainant nor State counsel able to controvert the same - Summoning order set aside - Matter remanded back to Magistrate to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused has already undergone jail sentence of about 23 days out of 6 months - Incident took place in the year 2008 - Accused was on bail during trial, appeal and revision and he did not misuse the liberty - No purpose would be served sending accused to jail after such long..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Service of notice not proved - Accused cannot be convicted solely on the basis of answers given by him in his examination u/s 313 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Not produced before Court - Notice not proved and marked an exhibit - Very foundation of case is wrong and thus not maintainable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Summoning order was passed without following the drill of S.202 Cr.P.C - Order of summoning of accused set aside - Matter remanded back to Magistrate to consider the matter afresh in accordance with law...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Expert opinion to determine age of ink - Specific defence set up by accused that cheque in question is lying with complainant since 2010 when his bank account was got opened by complainant - Accused by way of application intends to bring forward the fact that ink used for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere presentation of cheque issued by accused would not amount to acceptance of any debt or liability - Complainant had to show that cheque was issued for an existing debt or liability...........
