Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Offence u/s 138 of the Act can be compounded as complainant agreed that on account of precarious financial condition of accused, he is ready to accept the amount of Rs.25000/-, which he has already received - Offence compounded - 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 -- Dishonour of cheque - Cheque dishonoured due to incomplete signatures - Offence is constituted u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Appeal against acquittal - Issuance of cheque by DW1 in favour of appellant company is not disputed - Even, PW2 deposed that respondent no.1 company took loan from bank and fixed deposit certificate was in name of appellant company was kept as a collateral security for said..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Setting aside of summoning order - Since revisionist can prefer a discharge application before court below taking all pleas and grounds which are available to her, therefore, she should approach court below by filing the discharge application...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Non-examination of accused himself as a witness and no cross-examination made on behalf of accused - Not sufficient enough to rebut presumption available to complainant...........
Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of summoning order - Offence by company - Vicarious liability - As per material on record petitioner establishes that he had ceased to be director of company prior to issuance of cheques in question - Nothing on record to indicate that petitioner..........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Summoning order - Offence by company - Since petitioner is not a juristic person but is a natural person and though he is a suspended director, yet he is an erstwhile director of corporate entity concerned - Rather prima facie at relevant stage of issuance, was incharge of, business of corporate..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Allegation against director of Company - Quashing of complaint - Specific allegations were levelled against accused - It was averred that accused being a Director was in charge of financial decision making of company and he had agreed to guarantee repayment of all amounts payable by..........
