Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing - Petitioner had obtained loan from respondent No.1-financier and purchased vehicle - Cheques issued by him towards payment of installments were dishonoured - Vehicle in question was stolen - Plea of petitioner that since there was a..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Permission to compound offence - Office report dated 09.05.2011 mentions that appellant has deposited a sum of Rs.1,44,000/- on 21.04.2011 - Fact that above-mentioned sums have been deposited by appellant is not disputed by learned Counsel for respondent - Learned Counsel for respondent/complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372, 378(4) - - Dishonour of cheque - Acquittal - Application of amended proviso to S.372 of the Code to the cases instituted upon complaint as contemplated by S.378(4) of the Code and, more particularly, to applications seeking leave to file appeals challenging judgments and orders of..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Ingredient of offence - Held, for whatever reason if a cheque is drawn on an account maintained by drawer with its bank, in favour of any person for discharge of "any debt or other liability, the ingredients of offence u/s 138 of the Act gets attracted in case cheque is returned dishonored for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Blank cheque - Held, there is no law that a person drawing cheque has to necessarily fill it up in his own handwriting - Petitioner has not denied his signatures on the cheque - Once he has admitted his signatures on cheque he cannot escape his liability on the ground that same has not been filled in by..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Territorial jurisdiction - Cheque was presented at the IDBI Bank at Indore - Original drawee bank would be bank at Chandigarh on which the cheque was drawn - Held, complainant has no ground to file complaint at Indore - Complaint may be returned to complainant for presentation before Court of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Remand of case - Complainant had stated that he had received intimation on 23.05.2005 by means of documentary evidence while defence has to prove that on 23.05.2005 being Bouddha Pournima, bank had a holiday and that receipt of intimation was not possible on that day - Held, parties must be relegated to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Agreement of loan took place at Indore and deed of agreement executed at Indore - Cheques were issued at Indore - Cheques were required to be presented at Indore - Cheque Processing Center at Mumbai cannot be equated with drawee bank - Merely because notice was issued by complainant from..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Petitioner was convicted by trial court - Appeal filed by petitioner was dismissed by Addl. Sessions Judge - In the present revision, complainant-opposite party has filed a memo indicating his satisfaction in full and final settlement of dispute and receipt of defaulted..........
Negotiable Instruments Act, 1881, Section 138, 141, Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors and Chief Financial Officer of company - Only one director signed cheque in question - Held, prosecution of directors except one who signed the cheque quashed - Bare statement that they were directors and..........
