Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - While passing order of sentence after determining fine/compensation, Court shall also pass an order to pay future interest @ 9% p.a. on the compensation amount payable to complainant by fixing time of one/two months to deposit compensation amount so that even if matter is challenged..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Sentence of fine - Transaction between complainant and accused Nos.1 to 3 was business transaction that took place in the year 2009 - Conclusion of trial has taken nearly four years - Matter which was taken in appeal has taken nearly 1-1/2 years and matter is pending before High Court since nearly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once signatures over cheque have been admitted by accused, then, onus is upon him to prove that cheque in question was issued without any legal liability - However, evidence of DW1 is too short to rebut said presumption - Since entire amount of compensation has been deposited and complainant has not..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Condition to deposit 20% of compensation amount - Appellate Court while imposing condition of deposit of 20% of compensation amount, is not shown to have given any opportunity to petitioner to make submissions regarding exceptional circumstances..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - It is not mandatory to impose condition to deposit 20% of compensation and Court has discretion to reduce or exempt in appropriate cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheques - Cheques in question issued towards refund of security deposit to the tune of Rs.9,00,000 made by complainant when he had taken flat owned by accused on rent - However, complainant continued to occupy subject flat for a period of nearly 5 years beyond the last date of rent agreement without paying any..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Condition to deposit 20% of compensation amount - Appellate Court in normal circumstances may be justified in imposing condition of deposit as provided u/s 148 of the Act and only in those cases where imposing the condition of deposit is unjust or which may deprive accused to pursue his appeal, an..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused himself admitted his liability of Rs.2 lakh which he had borrowed from complainant in the year 2004 - He has no case that he repaid that amount to complainant after receipt of lawyer's notice - Accused got an acquittal on mere technicalities - However, in appeal, though..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - When an application is filed by appellant u/s 389 Cr.P.C. for suspension of sentence, it is presumed that he is seeking suspension without any..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
