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Section 138, Criminal Procedure Code, 1973, Section 320 - Dishonour of cheque - Conviction - In appeal parties compromised - Conviction and sentence set aside - Offence u/s 138 is compoundable under Section 147 of Negotiable Instruments Act. (Anil Kumar Haritwal Vs Alka Gupta) 2004(2) APEX COURT JUDGMENTS 581 (S.C.) : 2004(3) CRIMINAL COURT CASES 176 (S.C.) : 2004 AIR SC 378
Section 138, Criminal Procedure Code, 1973, Section 378(4) - Dishonour of cheque - Complaint - Acquittal - Appeal against - Where order of acquittal is based on irrelevant grounds and passed by totally ignoring acceptable evidence on record, High Court is justified in reversing such order of acquittal - Sentencing is a matter of Court's discretion - Where sentence of fine of appropriate amount would serve ends of justice, High Court can dispense with sentence of imprisonment, which could be made only default sentence. (M/s Metalloy-N-Steel Co., Bangalore Vs M.A.Sridhara) 1999(1) CIVIL COURT CASES 133 (Kant.) : 1999 (2) RCR (CRL.) 0142 : 1998 (2) CRIMES 0191
Section 138, Criminal Procedure Code, 1973, Sections 385 & 386 - Dishonour of cheque - Conviction - Appeal against - Dismissal in absence of counsel for appellant - Held, criminal appeal cannot be dismissed for want of prosecution simplicitor without examining the merits thereof. (Raghubhai Vs Satishkumar) 2004(2) CIVIL COURT CASES 300 (Gujarat)
Section 138, Criminal Procedure Code, 1973, Section 389 - Dishonour of cheque - Appeal against conviction - Suspension of sentence - While suspending sentence it is advisable that Court imposes a condition that fine part is remitted within a certain period - If fine amount is heavy, Court can direct atleast a portion thereof to be remitted. (Stanny Felix Pinto Vs M/s
Section 138, Criminal Procedure Code, 1973, Section 389 - Dishonour of cheque - Punishment - Appeal - Suspension of sentence - Trial Court awarded sentence of three months simple imprisonment and a fine of Rs.5,000/- Suspension of sentence subject to execution of bond of Rs.60,000/- and deposit of Rs.60,000/- - Order set aside - Conditions imposed should be commensurate with or proportionate to the sentence imposed by the trial Court and the conditions imposed should not be more onerous or stringent than the sentence imposed by the trial Court and the same should be just and reasonable and in accordance with natural justice - Conditions imposed being unjust and unreasonable cannot be sustained. (Ravi Vs Aravindan) 2001(2) CIVIL COURT CASES 207 (Kerala)
Section 138 - Appeal against conviction and fine - Pending appeal entire amount of cheque paid and sworn affidavit filed - Appellant saved from imprisonment part of sentence - Appellant to pay fine of Rs.5,000/- within four weeks in the trial Court and failure would attract simple imprisonment for three months. (P.Mohan Babu Vs D.Ramaswamy & Anr.) 2000(2) APEX COURT JOURNAL 564 (1) (S.C.)
Section 138 - Cheque dishonoured - Time barred debt - Loan taken four years prior to date of issue of cheque - Sessions Court & High Court quashed the proceedings as cheque was for a time barred debt - Respondent in his balance sheet had shown the amount of loan advanced by appellant as deposit from friends - At this stage of the proceedings to say that the cheque was drawn by the respondent was in respect of a debt or liability, which was not legally enforceable, is clearly illegal and erroneous - Appeal allowed and matter remanded to Magistrate to proceed with the complaint in accordance with law. (A.V.Murthy Vs B.S.Nagabasavanna) 2002(1) APEX COURT JUDGMENTS 307 (S.C.) : 2002 (1) ISJ (BANKING) 0439
Section 138 - Conviction - Appeal against - Compounding of offence - Parties entering into compromise - Accused paid the amount of cheque - Permission accorded to compound the offence. (M.L.Gandhi Vs State) 2001(1) CIVIL COURT CASES 604 (P&H)
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