Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal against conviction - Direction to deposit 20% of compensation amount - Accused does not have any source of income, as her financial condition is very weak - Husband of accused died, who was sole earning member of family - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Complainant failed to establish essential ingredients of S.138 of the Act - No offence by accused is shown to be committed - Accused rightly acquitted - Appeal dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Demand notice - Undelivered returned notice - Address mentioned in the envelope same on which service of accused had been effected - Refusal taken to be due service...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued in discharge of financial liability - However, cheque was returned uncashed on account of insufficient funds in account of accused - Accused failed to make payment of cheque amount within 15 days from receipt of notice - Necessary ingredients of S.138 of the Act stood established - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused is not shown to have paid any part of cheque amount to complainant till date i.e after a passage of more than 19 years - He failed to render any justifiable explanation for his alleged false implication in case - Even, no mitigating circumstances has been brought to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Merely because earlier counsel has shown laxity in not cross-examining the complainant, on that score, it cannot be construed as a ground to recall witness and permit..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recalling of complainant witness for further cross-examination - Dismissal of application - Full and effective opportunity already afforded to petitioner to cross-examine complainant - Even, in event any deposits have been made by petitioner in account of..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Petitioners are neither Managing Directors nor Authorized Signatories of accused company - No specific role has been attributed to petitioners, except for general allegation stating that petitioners were responsible for control and management and day to day affairs of accused..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - All issues involves disputed question of facts and law and cannot be decided unless and until the parties go to trial and lead their respective evidence - No flaw or infirmity in proceedings pending before trial Court - Petition..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Court below rightly rejected application moved by accused as the same is subject matter of trial after prosecution evidence is led, defence evidence will be examined - Even, mediation has already been failed between the parties and..........
