Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Fine/Compensation - Directions to pay compensation in regard to the loss on account of dishonour of cheque should be practical and realistic - In the instant case cheque amount was Rs.7.75 lakhs and a fine of Rs.1,000/- only was imposed - Accused to pay a fine of Rs.10.00 lakhs in addition..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence with condition to deposit 20% of amount as compensation - Where a conditional order of suspension of sentence has been passed by appellate Court, on non-fulfillment of condition, suspension order can be vacated - Impugned..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Grant of interim compensation is a discretionary power of Court - Order has to be based on reason and logic...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court has to spell out the reasons for grant of interim compensation in favour of complainant and it has also to justify its order with reasons the quantum of interim compensation that is being awarded by it...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order can be challenged u/s 482 Cr.P.C. even though remedy of revision is available...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused is 52% handicapped and has deposited in Court 10% over and above amount of compensation - Complainant is compensated adequately - Substantive sentence of imprisonment imposed upon accused is not necessary - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - Fine forms part of sentence when Court imposes imprisonment and fine - In such cases, Court has to order payment of compensation from amount of fine as provided u/s 357(1)(b) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation awarded by trial Court has been agreed to be paid to complainant - No impediment in compounding the offence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Case is of the year 2009 and 13 years have elapsed - Interest of justice would suffice if sentence of one year is modified in lieu of compensation of Rs.1 lakh over and above 9 lakhs compensation...........
