Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Dropping of proceedings where an appropriate amount is offered/deposited, which in the opinion of Court is appropriate for duly compensating the complainant, without obtaining direct consent of complainant - Court is empowered to apply its discretion in terms..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint was filed by misusing the blank signed cheque and stamp paper handed over by accused as security for amount advanced to his sister - Evidence is thoroughly insufficient to prove payment of amount of Rs.30 lakhs to accused - Presumption u/ss 118(a), 139 of the Act not attracted - Although..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Right of accused to cross-examine the witness was closed on the ground that he failed to file an application u/s 145(2) of the Act - However, on the said date he was exempted from personal appearance - Accused thus, was not afforded reasonable opportunity to file application u/s 145(2) of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In bank memo reason for dishonour of cheque mentioned `account blocked' - However in notice and complaint reason for dishonour of cheque is mentioned as `Insufficient funds' - There is significant defect in complaint as cause of action of dishonour of cheque is wrongly mentioned - Cause of action shown..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of a witness - Filing of affidavit of statement in re-examination is not permissible...........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Complainant, after filing affidavit in examination-in-chief was cross examined - Complainant for valid reasons can only be summoned for re-examination for the purpose of explanation of matters referred to in cross examination but cannot be permitted to re-file an affidavit in..........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant or any other person - Words `summon and examine any person giving evidence in affidavit' in 145(2) NI Act also includes power of Court to summon and re-examine such witness/person...........
Negotiable Instruments Act, 1881, Section 138, 145(2), Evidence Act, 1872, Section 137, 138 -- Dishonour of cheque - Re-examination of complainant - Complainant, after filing affidavit in examination-in-chief was cross examined - For the purpose to arrive at a just decision and fair conclusion, re-examination of complainant can be permitted and complainant for the mistake..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Cheque was issued by A-1 and A-2 - No specific allegation that same was issued with knowledge of petitioners - No case is thus, made out against petitioners on the basis of general, vague and omnibus allegation that cheque was issued fraudulently and dishonestly in order to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque presented in Bank beyond its validity period of three months - There is no cause of action if cheque presented was not valid - Complaint and all subsequent proceedings quashed...........
