Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties and complainant has no objection in compounding the offence - Accused already deposited the entire amount of compensation - Offence ordered to be compounded - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Reduction of compounding fee - Matter between parties ordered to be compounded - Since accused is a poor person, he is directed to deposit token compounding fee of Rs.2500/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Liability of partner of Firm - Specific allegations against accused that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was not presented for encashment within stipulated six month period as outlined by S.138 of the Act - More so, evident alteration of cheque's date undermines complaint's viability, irrespective of whether original or altered date is taken into consideration - Complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Locus standi - Complaint at the instance of third party who is neither a payee nor a holder in due course is not maintainable, as he has no locus standi to prosecute accused in terms of S.142(a) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 142(2)(a) -- Dishonour of cheque - Jurisdiction of Court - When cheque is delivered or issued to a person with liberty to present the cheque for collection at any branch of bank where payee or holder in due course maintains the account and within the jurisdiction of Court, where such cheque was presented for collection will..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Question of jurisdiction of Court - When question of jurisdiction to be decided, said challenge should be raised before same Court and said Court has jurisdiction to decide question of jurisdiction and question of jurisdiction never be a subject matter of challenge in a writ petition...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - In prosecution u/s 138 of the Act, complainant is primarily concerned with recovery of money and conviction of accused serves very little purpose...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Accused have made payment of entire cheque amount at very initial stage of proceedings - Complainant cannot be allowed to take undue advantage on basis of technicalities - Proceedings quashed...........
