Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question neither signed by accused nor drawn on a bank account maintained by him - Cheque is signed by father of accused - There is no liability of accused - Order of trial Court acquitting accused confirmed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Successive presentation within validity period of cheque is permissible - However, once demand notice is issued, thereafter no presentation is permitted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - It is only where accused "pleads not guilty" of accusation made in complaint that interim compensation u/s 143-A(1) of the Act can be granted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted at the stage when accused answered the summons and not after plea of accused was entered - Interim compensation can be granted only where accused "pleads not guilty" - Impugned order set aside - It is open to accused to seek appropriate relief, including u/s 143-A of..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Can be claimed at "any stage"...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence after proceedings had been concluded before Appellate Forum - Complainant received the settled amount - Compounding fee reduced keeping in view that accused is a poor widow lady, suffering from heart ailment, having four children including three daughters - Accused ordered to..........
Negotiable Instruments Act, 1881, Section 138(c), 139 -- 138(c) Proviso - Dishonour of cheque - Notice not issued by authorised representative of Bank - He had neither personal knowledge of facts nor produced original file - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389, 397 -- Dishonour of cheque - Revision against conviction - Suspension of sentence during pendency of revision - Hearing of revision is likely to take time - Defects of prosecution as the same may put an adverse effect on hearing of revision - Without passing any comments on niceties..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Petitioner represented herself as partner of Firm - However, cheque was not signed by her - More so, there is no specific averments in the complaint identifying role of petitioner towards act and conduct of business of Firm - Proceedings qua petitioner quashed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership Firm - Cheque was signed by petitioner as an authorized signatory of partnership firm - Petitioner is vicariously liable though subject to trial - Petition for quashing dismissed...........
