Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Director of company as accused No.2 - Complaint not filed assigning the role of accused No.2 specifically and therefore complainant against accused No.2 is not maintainable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company/Corporation - Complaint by constituted attorney - Attorney not examined - No resolution of company in his favour either by Board of Directors of the complainant corporation or by Managing Director - Complaint not instituted through authorized person - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Parties resolved their differences in Mediation - Out of total sentence, accused already undergone 1 month and 10 days of actual sentence as on date - Conviction and sentence set aside - 15% of cheque amount towards costs of litigation can be waived off in the interest of justice...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Evidence on record establish issuance of cheque by accused to complainant for loan transaction - Even, accused not disputed his signature on cheque - Moreover, contention of accused that complainant illegally taken away his brief case containing cheque books and signed papers raises genuine doubt in..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Money lender - Merely advancing loan to three or four persons does not lead to inference that complainant is carrying on activity of money lending as a business - Moreover complainant expressly denied that he had given any loan on interest to public persons...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Advancing loan of more than Rs.20,000/- in cash and thus violating S.269-SS of Income Tax Act, 1961 - Any person violating the Income Tax Act would attract imposition of penalties under the said Act - However, same does not render said debt u, enforceable or precludes the lender from recovering the..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Recall of complainant's witness for further cross-examination - Trial is still at the stage of defence evidence - Accused prayed that an opportunity be granted to cross-examine complainant's witness on one date only - Adducing evidence by accused in support of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - As per accused, cheque issued as security and misused by complainant and same was not issued for any legally enforceable debt - However, DW not aware of promissory note and handing over of cheque by accused to complainant - Moreover, accused not denied issuance of cheque to complainant -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Default in EMI - Complaint presented cheque in question for same EMI amount which was dishonoured - However, after settlement complainant presented another cheque towards full and final amount towards total outstanding amount which was also got dishonoured - Thus, earlier..........
