Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - During pendency of proceedings there was a negotiation between complainant and accused because of this reason complainant did not tendered for cross-examination believing that dispute would be resolved - However, trial Court dismissed complaint and acquitted accused for offence punishable..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Notice sent by registered post - To rebut presumption about service of notice or that address was incorrect or filing of complaint prior to expiry of notice period would be considered by trial Court at appropriate stage -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mediation - Law as to : (i) Cases involving criminal offence not fit to be referred to mediation ; (ii) case u/s 138 of NI Act can be referred to mediation if parties are interested in referring the matter for mediation; (iii) it can be done only for the limited purpose of arriving at a settlement..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of three cheques - Cheques issued towards payment of supply of yarn to accused - All the cheques dishonoured even on repeated presentation - After presentation of cheques in first time complainant sent a letter informing accused about dishonour and requesting him to settle the amount - Said letter was marked by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint dismissed for non prosecution - Appeal lies to High Court - Revision does not lie against such an order...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Complainant had not mentioned any date, month or year in complaint as to when alleged loan had been given to accused - He had also not mentioned anything with regard to agreement and receipt of amount - Moreover, complainant had also not examined any witness to prove receipt of amount -..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Cheque carries with it presumption u/ss 118, 139 of the Act - Complainant therefore not required to prove debt - However, complainant is required to plead about existence of debt in complaint - Proof of debt is different from pleading of existence of..........
Negotiable Instruments Act, 1881, Section 138, 118, 139 -- Dishonour of cheque - Legally enforceable debt - Presumption - Four cheques issued on different dates for single debt - There is absolutely no reference to debt in statutory demand notices - In complaint amount of debt is quantified at Rs.3 lakhs, but there is no whisper about date on which debt was incurred -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Pendency of arbitration proceedings - Not a ground to quash proceedings u/s 138 of the Act - Arbitration proceedings and criminal proceedings against a person, based on the same transaction, can be conducted or continued simultaneously - Complaint cannot be quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Loan transaction - Allegations alleged in complaint asserted to be false and accused denied of taking loan - Fact of taking loan can only be decided after parties adduce evidence - Petition for quashing dismissed...........
