Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Compensation - Appellate Court is required to direct appellant as a matter of rule to deposit at least 20% of the amount of compensation awarded by trial Court...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Cheque in question dishonoured prior to commencement of provision of S.143-A of the Act - S.143-A of the Act has no retrospective operation - Order directing accused to deposit interim compensation of Rs.1 lakh thus, not in accordance with law, hence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled amicably - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant had no objection in compounding the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Direction to remit the amount of fine in the trial Court - However, entire amount of compensation paid to complainant - There is substantial compliance of the direction - Court below directed to make necessary entry in the fine register recording the factum of settlement between the parties, as if fine..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands received by complainant - Complainant has no objection in compounding the offence - Conviction and sentence set aside - However, since complainant was unnecessarily dragged to institute legal proceedings against accused that too for..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - General rule u/s 148 of the Act is of pre-deposit and waiver is only an exception for which special reasons need to be assigned...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioners that their bank account statements and their concerns to support the contention that they are not financially capable to make pre-deposit - Plea held, not tenable as mere balance of bank account cannot..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of compensation - Prayer for waiver of pre-deposit - Plea of petitioner that he is neither a partner nor signatory to the cheque - Does not enhance the case for waiver of pre-deposit - No case is made out for waiver of pre-deposit - Petition dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of Cheque - Sentence - Cheque amount 10 lakhs and award of Rs.2 lakhs as compensation - Sentence of fine must be sufficient enough to adequately compensate the complainant - Sentence as imposed by trial Court set aside - Matter remitted for fresh consideration as to imposition of sentence...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant proved on record cheque issued in his favour by accused, which on presentation were dishonoured - Neither any illegality in judgments of convictions nor they suffer from any jurisdictional error - 11 years have elapsed since institution of complaint - Accused is poor person, so in place of..........
