Negotiable Instruments Act, 1881, Section 138, 29 -- Dishonour of cheque - Loan borrowed by father of accused - Father died prior to filing of complaint - Accused/son agreed to repay the loan and issued two cheques - Accused being legal representative of father is liable to repay the loan to complainant - Complaint is maintainable and accused is liable for punishment u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of time barred debt - Loan borrowed by father of accused on 07.03.2003 - Father died prior to filing of complaint - Accused/son agreed to repay the loan and paid Rs.10,000/- in cash on 10.06.2005 and subsequently in 2006 issued cheque to discharge liability of his father - Once the amount was..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have amicably settled and resolved all their disputes - There is no legal impediment in compounding of offence - Conviction and sentence set aside subject to condition that accused shall deposit 10% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Grant of interim compensation is a discretionary power of Court - Order has to be based on reason and logic...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court has to spell out the reasons for grant of interim compensation in favour of complainant and it has also to justify its order with reasons the quantum of interim compensation that is being awarded by it...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order can be challenged u/s 482 Cr.P.C. even though remedy of revision is available...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account dormant - When cheque is dishonoured with endorsement `account dormant' it means `account inactive' for want of funds and same would attract an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65B -- Dishonour of cheque - Computer generated statement of account, Ext.P7, without certificate as mandated u/s 65B of Evidence Act - PW2 Deputy Manager of bank examined who gave categorical evidence that when cheque was presented, account showed `zero balance' and such statement was gathered by..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Rebuttal - Accused can either adduce independent evidence or rely on evidence tendered by complainant to rebut presumption...........
