Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - No averment in complaint that accused No.4 or accused No.5 ever signed any cheque - No averment in complaint that they are directors of company on behalf of whom cheques were issued - Complaint qua accused Nos.4 & 5 quashed...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Existence of debt is not the subject matter of presumption u/s 139 of the Act - The drawee of the cheque has to prove the existence of debt or liability - It is only upon such proof of existence of debt that presumption u/s 139 of the Act to the effect that cheque has been issued for..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Cheque issued against loan - Date of loan on which it was advanced not stated - Loan advanced in January but cheque bears date of March - It is clear that no consideration has passed under the cheque in March as even according to complainant loan was advanced in January - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Accused alleged that a blank cheque was issued by way of security - Complaint filed at a place where neither agreement executed nor cheque issued - Held, continuation of proceedings would be an abuse of process - Proceedings quashed...........
Consumer Protection Act, 1986, Section 2(1)(g), 15, 24A -- Appeal - Limitation - Banking service - Loan - To young unemployed youth under Prime Minister's Rozgar Yojna - First instatlment of loan for Rs. 20,000/ - paid to the respondent complainant - Second instalment of loan amounting to Rs. 27,000/ - for working capital DD issued to dealer for supply of material to the..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 379, 420, Negotiable Instruments Act, 1881, Section 138 -- Prosecution allegation that petitioner in connivance with co-accused prepared fake cheque with an intention to cheat complainant - FIR lodged u/ss 379, 420 IPC - Complainant member of Co-operative Society and was issued a cheque book which..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Fine of Rs.1., 50, 000/- imposed - Conviction confirmed - However, sentence of fine reduced from Rs.1.50 lacs to Rs.1.10 lacs payable to complainant as compensation, within three months...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 374 -- Dishonour of cheque - Proceedings terminated in conviction - Appeal dismissed on ground that neither accused nor his lawyer came present in Court on date fixed - Held, criminal appeal preferred against order of conviction cannot be disposed of without giving opportunity of hearing..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - During pendency of revision petition matter has been compromised between the parties - Complainant has no objection if petitioner is acquitted - Held, offence liable to be compounded - Conviction and sentence awarded by trial Court set aside - Petitioner acquitted -..........
Indian Penal Code, 1860, Section 420, 406, Criminal Procedure Code, 1973, Section 482 -- Failure to discharge contractual obligation - FIR lodged u/ss 420 & 406 IPC - No allegation that accused practiced fraud or have dishonestly induced OSIC to provide financial assistance and thereby OSIC disbursed loan - To deceive is to induce a man to believe that a thing is true..........
