Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Interim compensation - Extension of time to pay - In facts of each case, period of depositing the amount can always be extended as the purpose in making amendment is essentially to grant relief to the aggrieved party by immediate compensation of payment of 20% of the total value of cheque -..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Applicability of S.143-A of the Act - Complaint lodged by complainant on in year 2017 and provision of S.143-A of the Act came into force in year 2018 therefore, act constituting offence had occurred prior to introduction of S.143A of the Act - Thus, provision of S.143-A of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused not denied his signature in cheque - Unless and until, contrary is proved, it is presumed that accused gave the disputed cheque to complainant - Accused rightly convicted - Directions issued...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Issued beyond 30 days from the date of return memo - Complaint is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Conviction - Appellate Court suspended sentence during pendency of appeal - Failure to appear before appellate Court on the date fixed due to illness - Having regard to fats and circumstances of the case, bail granted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Sentence suspended subject to petitioner`s depositing 30% of total compensation amount as well as fine amount and by furnishing personal bond - Neither petitioner furnished bonds nor deposited compensation amount ordered -..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have resolved their differences and 15% of cheque amount has already been deposited towards compounding fee - Nothing is due against petitioner - Conviction set aside - Offence compounded...........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Name of branch of bank on which cheque is drawn sought to be corrected by effecting amendment - Amendment cannot be said to be intentional act on part of complainant - Complainant was nothing to be gained by not mentioning correct..........
Negotiable Instruments Act, 1881, Section 138, Civil Procedure Code, 1908, Order 6, Rule 17 -- Dishonour of cheque - Amendment of complaint - Negligence in pleadings cannot be considered to be an inherent lacuna in prosecution case - Application for amendment rightly allowed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed on the basis of dishonour of cheque for the second time - Fact of cheque dishonoured earlier concealed in the complaint - Cheque dishonoured for the second time was presented for encashment within its validity period of three months - Complaint is maintainable...........
