Negotiable Instruments Act, 1881, Section 138, Limitation Act, 1963, Section 5 -- Dishonour of cheque - Dismissal of complaints - Condonation of delay of 357 days and 363 days - As per evidence on record, complainant was in custody for more than 1 year and he was only released on bail due to immediate medical treatment - Complainant provided adequate reason for the delay..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Hearing of matter would likely take a long time - Appellant remained on bail during entire course of trial and appeal and he did not misuse liberty so granted to him - Sentence awarded to appellant suspended..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence - Condition to deposit 20% of cheque amount - If accused is able to make out a ground for reduction of percentage (20%) or for exemption to deposit, same has to be considered by appellate Court before directing deposit of compensation amount as a condition while suspending..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused has already undergone jail sentence of about 23 days out of 6 months - Incident took place in the year 2008 - Accused was on bail during trial, appeal and revision and he did not misuse the liberty - No purpose would be served sending accused to jail after such long..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Cancellation of order granting suspension of sentence and bail - Violation of condition to deposit the amount - Total amount agreed to be paid by two directors has not been paid - Interim protection granted by way of bail and suspension of sentence would stand..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 50% of cheque amount - Accused was unable to comply with the condition and delay occurred in the process of making arrangement to pay 50% of cheque amount - 20% of cheque amount was deposited by accused - Lower appellate Court thus, directed to condone the delay of 59 days, number..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Provision of S.148 of the Act is mandatory - Contention rejected that appellate Court while granting bail, cannot make it subject to compliance of direction to deposit a part of compensation amount awarded by trial Court as provided u/s 148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Bail - Complainant was not alive on the date of passing impugned orders of rejection of bail - Such orders could not have been passed as complaint itself had abated - Impugned orders of rejection of bail not legally sustainable and thus, set aside...........
