Showing : 31-40 of 182 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Revision against conviction - Accused convicted and sentenced to undergo R.I. for period of 6 months and compensation of Rs.2,30,000/- and in default of payment of compensation to further undergo R.I. for one month - Since entire payment of cheque has been paid, no dispute..........
KERALA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quantum of sentence - Petitioner sentenced to undergo imprisonment till rising of Court and also to pay cheque amount of Rs.2,30,000 to complainant as compensation, in default to undergo S.I for six months u/s 357(3) Cr.P.C...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2015
Details
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Compounding of offence - Accused was convicted and sentenced to undergo R.I. for 1 year with fine of Rs.20,000/- - Accused has agreed to repay amount and has compounded the dispute - Moreover, accused was granted concession of bail subject to depositing of Rs.2,75,000/- which..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320-- Dishonour of cheque - Compromise - Accused sentenced to undergo S.I. for 3 months and to pay compensation of Rs.2,60,000/- to complainant and in default to undergo S.I. for 4 months - Parties amicably settled the matter - Order of conviction and sentence set aside - Accused acquitted...........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988, Section 4, Criminal Procedure Code, 1973, Section 357(3)-- Dishonour of cheque - Economic offences - Appeal against acquittal - Respondent/accused is young person on whom his family is dependent for livelihood - There are no criminal antecedents - Hence, accused personal interest is to be balanced against objects of punishment - Accused convicted and..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Cheque amount two lakhs - Accused convicted and sentenced to three months simple imprisonment and also to pay compensation of two lakhs - No ground to interfere with the well reasoned judgment and order - However, sentence reduced to already undergone which is 2-1/2 months..........
SUPREME COURT OF INDIA
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quantum of punishment - Cheque of Rs 6.19 lakhs dishonoured - High Court directed accused either to pay compensation of Rs.2 lakhs to complainant or to undergo imprisonment for two months - Courts not to award flea-bite sentence - Order of High court modified - Accused..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138, 139-- Dishonour of cheque - Notice - Complaint u/s 138 of the Act - Accused bound to prove payment of entire amount within 15 days of receipt of notice intimating dishonour of cheque and demanding payment u/ss - Even, part payment whether before or after notice cannot absolve accused from criminal..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2014
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Quantum of sentence - Pendency of proceedings for more than 10 years - Accused a household lady having a family including two children - Accused ready to compensate the accused - Accused sentenced to fine of Rs.1,50,000 i.e twice the amount of cheque in question & also liable..........
SUPREME COURT OF INDIA
Year of decision: 2013
Details
Negotiable Instruments Act, 1881, Section 138-- Dishonour of cheque - Compensation - Power to award compensation is not available u/s 138 of the Act - It is only when Court determines the amount of fine that question of paying compensation out of same would arise - Fine cannot go beyond twice the cheque amount...........

Showing : 31-40 of 182 Results