Negotiable Instruments Act, 1881, Section 147, 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Power of court - Held, even a convict undergoing imprisonment with liability to pay amount of fine imposed by Court and/or under an obligation to pay amount of compensation if awarded, as per scheme of N.I. Act, can compound the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed - Regarding same very cheques FIR lodged u/ss 420, 406 IPC - FIR quashed. (Indian Penal Code, 1860, Ss.420, 406)...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420 -- Dishonour of cheque - Post dated cheque - Initiation of proceedings u/s 138 of the Act - Initiation of separate proceedings u/s 420 IPC for the offence of cheating is maintainable as it does not amount to double jeopardy...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 68, 69 -- Dishonour of cheque - Compensation - In default to undergo imprisonment - Such default sentence shall lapse at any time when payment is made either before or after default sentence starts running...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint under section 138 of the Act - Cheque alleged to be forged before filing complaint - Accused lodged complaint under sections 464, 468, 389, 420 r/w section 511 IPC - Bar under Section 195(1)(b)(ii) is not applicable - In the interest of justice both matters ordered to be heard and disposed by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant can voluntarily drop any or all of the accused persons - For wrong implication Magistrate may pass observations or strictures while finally deciding the matter - Magistrate may also initiate proceedings under S.211 IPC or S.340 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint alleged to be false and filed with ulterior motive - Complainant of its own or on getting opportunity can drop proceedings against certain accused - If complainant does not voluntarily drop proceedings then in that event Court while deciding the matter finally can pass observations or..........
Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 300, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed u/s 138 Negotiable Instruments Act - During trial it came to light that accused had closed account long prior to date of issuing of cheque - Subsequently complainant filed complaint u/s 420 IPC - Held,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 195(b)(ii), Indian Penal Code, 1860, Section 463 -- Dishonour of cheque - Complaint - Accused in turn filed criminal complaint for committing forgery by filing a higher amount in the cheque - Held, separate complaint not maintainable - Complaint can be filed by the Court where forged..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of Cheque - Post dated cheque - Bank informed that there is no amount in the account of drawer - Drawee filing FIR with police and offence u/s 420 IPC registered - Held, merely because the ingredients of an offence u/s 138 of..........
