Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for non appearance of complainant at the stage of consideration of application u/s 311 Cr.P.C. - Complainant had already led his evidence - Magistrate could have dismissed the application and proceeded with the case on the basis of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Offence u/s 138 of the Act can be compounded even after recording conviction and sentence - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Appeal - It is mandatory on part of Trial Court as well as First Appellate Court to impose interim compensation payable by accused persons while challenging case and judgment of sentence in appeal...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to deposit of 20% of fine amount as interim compensation - Release of amount of interim compensation to complainant - Refused on the ground that it will not only cause hardship to accused but also lead to multiplicity of litigation -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused denied issuance of cheque, his signature on cheque, on receipt of notice and acknowledgement slip - Complainant did not produce any evidence to prove that signature on these documents were of accused - Complainant failed to discharge his burden of proving his case beyond reasonable doubt -..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Appeal - It is mandatory on part of Trial Court as well as First Appellate Court to impose interim compensation payable by accused persons while challenging case and judgment of sentence in appeal...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to deposit of 20% of fine amount as interim compensation - Release of amount of interim compensation to complainant - Refused on the ground that it will not only cause hardship to accused but also lead to multiplicity of litigation -..........
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 -- Dishonour of cheque - Proceedings are quasi civil - All suggestion or question regarding defence of accused must be put up in cross-examination of principal witness of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Summoning of Bank Manager - Defence sought to be raised not put to cross examination of PW1 - Any defence raised at subsequent stage can certainly be termed as after thought - Trial Court was justified in dismissing application for summoning the witness and..........
