Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Transfer of proceedings - Petitioner sought transfer of proceedings on the basis of his old age - However, petitioner is not even summoned by Magistrate in proceedings u/s 138 of N.I. Act - Petitioner is discharged from said proceedings - Said fact is not..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of the amount - Appeal filed after introduction of S.148 of the Act i.e. 16.08.2018 - Appellate Court rightly directed to deposit 20% of the amount as a condition for suspension of sentence - No interference warranted in the impugned order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused convicted by both the Courts below - He failed to point out any misreading of evidence by Courts below - Accused has undergone 4 months and 10 days of sentence out of substantive sentence of one year - Ends of justice would be met if sentence awarded to petitioner is..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Delay cannot be condoned without notice to accused and without granting him an opportunity of being heard in the matter...........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Expression `Sufficient Cause' shall be understood and applied in a practical, pragmatic and reasonable manner - In the absence of any deliberate inaction or negligence on the part of complainant, the words `sufficient cause' shall be construed in a..........
Negotiable Instruments Act, 1881, Section 138, 142(1)(b) -- Dishonour of cheque - Condonation of delay in filing complaint - Notice served on accused on 15.5.2018 - Complaint should have been filed on or before date 29.6.2018 - However, complainant got knowledge regarding date of service of notice on accused only on 26.6.2018 - Complaint filed by complainant only on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - If acknowledgement card is not returned within a reasonable time, it is for complainant to make enquiry with postal department regarding fate of notice sent by him...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pre-mature complaint - Any complaint filed before expiry of fifteen days from date on which notice has been served on drawer/accused is no complaint at all in eye of law...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Sending cheque to handwriting expert - Absence of plea either by complainant or accused that accused made entries in the cheque - Accused admitted signature in the cheque - When accused admits signature in the cheque, it is immaterial whether some other person had made..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Parties arrived at a settlement in terms of a joint memo - Offence compounded - Conviction set aside - Accused acquitted...........
