Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Reduction - Petitioner has already undergone the sentence - Request for reducing the amount of compensation not opposed by complainant - Amount of compensation reduced from Rs.50, 000/- to Rs.40, 000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Parties compromised during pendency of complaint - Another cheque given - That cheque also dishonoured - Second complaint filed - Both the complaints ordered to be clubbed and entrusted to one Court...........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22 -- Dishonour of cheque - Proceedings u/s 138 Negotiable Instruments Act are not barred merely for the reason that accused had applied under the Sick Industrial Companies (Special Provisions) Act, 1985 - S.22(1) of the Act has nothing to do with criminal..........
Negotiable Instruments Act, 1881, Section 138, Sick Industrial Companies (Special Provisions) Act, 1985, Section 22(1), 22(A) -- Company - Dishonour of cheque - Complaint u/s 138 NI Act cannot be stayed on the ground that proceedings with respect to Company were pending u/s 22(1) or S.22-A of Sick Industrial Companies (Special Provisions) Act - The two provisions of SICA..........
Negotiable Instruments Act, 1881, Section 138 -- Power of attorney holder - Complaint, on dishonour of cheque, can be filed through power of attorney holder - Examination of attorney as witness in the capacity of complainant is not permissible - Power of attorney holder can appear as a witness in his own capacity - If the power of attorney holder has appeared as a witness,..........
Negotiable Instruments Act, 1881, Section 145, 138 -- Dishonour of cheque - Complaint - Affidavits - For the purpose of issuing process, evidence of complainant can be given by him on affidavit and can be read in evidence in any enquiry, trial or other proceeding - Court on application of prosecution or accused, summon and examine any person giving evidence on affidavit as..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Cannot be referred to police for investigation u/s 156(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Police is not empowered to investigate into a complaint involving an offence under Section 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420 -- Dishonour of cheque - Insufficient funds - Offence is covered u/s 138 NI Act - Provision of Section 420 IPC is not attracted unless mala fide intention of the person issuing the cheque is established - Dishonest intention and misrepresentation are to be specifically indicated to..........
Negotiable Instruments Act, 1881, Section 138 -- Notice - Absence of specific pleading in complaint as to service of notice - Notice had in fact been sent and this fact has come in preliminary evidence - Complaint cannot be quashed on this ground u/s 482 Cr.P.C...........
