Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Restoration of complaint dismissed in default - Absence of complainant on one occasion - Not justified - It is always desirable that lis should be decided on merits - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Leave to file appeal - Dismissal of complaint on the ground that complainant filed complaint before the Court not having territorial jurisdiction to entertain complaint - Delay of 100 days in refiling of complaint - Fact that appellant had not physically collected said complaint would not extend..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant miserably failed to prove that cheque was issued in discharge of any enforceable debt or liability - Preponderance of probabilities lies completely in favour of accused - Further, case of complainant is required to rest on his own leg and same cannot be allowed to be bypassed in a casual and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Complainant failed to prove even a single document so as to satisfy the Court that any loan agreement entered into between company and accused - Even in affidavits given by Company`s authorized witnesses, there is no reference of any loan agreement - Complaint did not reflect as to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Delay in filing of complaint - Nothing mentioned in prayer clause to condone delay in filing complaint nor Court concerned condoned delay suo moto while passing summoning order - Trial Court without considering legal provisions for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Cheque in question handed over to complainant in the year 2007 - However, accused already filed a complaint regarding misuse of very same cheque in the year 2005 - Possibility of cheque being handed over to complainant in 2007 is no, existent - Moreover, complainant admitted that he..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Rebuttal - Plea of false assertions raised in reply to the notice - Assertion raised in reply to the notice admitted to be correct by complainant in his cross examination - Held, complaint and sworn statement are unsubstantiated - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Matter has been compromised between parties and as per compromise amount has been paid to complainant - Offence compounded - Complaint dismissed - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Provision of S.143-A of the Act is prospective in nature and not retrospective - Since complaint filed before insertion of provision of S.143-A of the Act, said provision not applicable to case - Trial Court committed error in awarding interim compensation in favour of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Admittedly, as per complaint only Rs.65 lac was advanced to accused out of which as per admission made by complainant Rs.60 lac has been repaid by accused which shows that cheque amount was not outstanding towards accused - Hence, amount is not a recoverable debt - Cheque cannot be..........
