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Results of sentence for cheque dishonour

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Showing : 41-50 of 416 Results

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Power u/s 147 of the Act can be invoked at any stage of proceedings i.e at the stage of trial, appeal or at revisional jurisdiction and Courts should be liberal in exercising such powers - Since matter has been compromised between parties, sentence awarded to accused..........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conversion of fine into compensation - Magistrate has not convicted accused for any sentence - Conversion of fine into compensation u/s 357(3) Cr.P.C thus, illegal, because provision of S.357(3) Cr.P.C will come into force only when Court imposes a sentence of..........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Imposition of sentence - Power of Magistrate - Judicial Magistrate of First Class cannot impose fine of more than Rs.10,000/- as per provisions of S.29 Cr.P.C - But in view of amended provision of S.143 of Negotiable Instruments Act, a provision has been made..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived at between parties - Complainant has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Complainant has no objection if conviction of accused is set aside - Conviction and sentence set aside...........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation deposited by accused with trial Court - Complainant has no objection for compounding the offence in the event of release of entire amount of compensation - Matter ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........

BOMBAY HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - No documentary proof was placed on record to show that accused is a handicapped person - Age of accused shown to be 55 years - Thus, accused was not even a senior citizen at the time of deciding of appeal - Leniency shown by Additional Sessions Judge thus, was wholly unwarranted - Accused did..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a settlement after appellate Court had upheld conviction of petitioner - Offences under the Act can be compounded at any stage of proceedings - Keeping in view the spirit of S.147 of the Act, offence u/s 138 of the Act can be compounded - Conviction..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Accused has not set up any case that complainant did not have financial capacity to advance loan - There is even no reference in the reply notice as to loss of cheque book or signed cheque leaf as contended by accused - No complaint was given of loss of cheque book or signed cheque leaf..........

HIMACHAL PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........

MADHYA PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused is 63 years of age now - It would be unduly harsh to send him to jail for a period of six months at this age, when he is already having ailments - Sentence modified to fine of Rs.4,05,000 and in default of payment of fine amount, accused has to undergo S.I for period of 3 months...........

Showing : 41-50 of 416 Results