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 - Security cheque - Security cheque also attracts provision of S.138 of the Act - Security cheques is not worthless piece of paper under every circumstances...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Accused did not choose to file any reply to notice - Even if, in complaint, it is stated that work was undertaken by firm owned by accused, notice does not become invalid...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 200 -- Dishonour of cheque - Summoning order - Affidavit filed by power of attorney holder as evidence u/s 200 Cr.P.C. - Affidavit reveals that it is executed by power of attorney holder `G' but Oath Commissioner records in it that this affidavit was sworn, signed and verified by `V' -..........
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...........
