Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Quashing of proceedings - Petitioner's contention that he did not revalidate any cheque and had no legal liability to pay - Held, it is a question of fact which needs to be proved and determined at trial by way of evidence - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138, 147 - - Dishonour of cheque - Compounding of offence - Applicant paid entire dues to complaint bank - Matter has been settled between parties out of Court amicably - Held, parties permitted to compound offence u/s.138 invoking provisions of S.147 of NI Act - Applicant acquitted - Application allowed...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 114 -- Dishonour of cheque - Legally enforceable debt or other liability - Discharge of onus by accused - Held, accused can discharge onus by relying upon S.114 of Evidence Act while adducing evidence as to common course of natural events, human conduct and public or private business to prove no,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Death of accused - Criminal liability is not transferred to the descendants or legal heirs of the person who had issued the cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - S.138 of the Act makes only signatory to the cheque returned unpaid criminally liable...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Imposition of sentence of SI for 6 months and compensation of Rs.1,40,000/- which was cheque amount - Non bailable warrant issued by Court is pending execution against petitioner - Request by petitioner to provide him period of two months to pay compensation - Held, execution of warrant, if..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction & sentence - Sentence till rising of Court with liability to pay compensation of Rs.55,000/- imposed - Petitioner/accused prayed for grant of reasonable time to settle claim of complainant - Held, Magistrate shall keep in abeyance execution of warrant for a period of one month to enable..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Validity - Defence set up by accused that he had no privity of contract with complainant and issue of cheque was only as a security in relation to transaction with another - Fact that cheque was issued to complainant, a freight agent, for transporting goods of accused is practically..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Execution of sentence - Abeyance of - Sum of Rs.2,70,000/- is involved - Plea that accused is in difficult circumstances and if a breathing time is provided, he would pay off entire compensation - Held, Magistrate directed to keep in abeyance execution of sentence for a period of six weeks..........
Negotiable Instruments Act, 1881, Section 138 -..........
