Negotiable Instruments Act, 1881, Section 138, 143A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Order passed u/s 143-A NI Act, either allowing or rejecting the application - Order passed is intermediate order and not interlocutory order - Revision lies against such an order - Petition u/s 528 BNSS is not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Guidelines modified, viz. (a) If accused pays cheque amount before recording of his evidence (namely defence evidence), then Trial Court may allow compounding of offence without imposing any cost or penalty on accused; (b) If accused makes payment of cheque amount post..........
Criminal Procedure Code, 1973, Section 133, 138(2) -- Order passed u/ss 133, 138(2) Cr.P.C - Writ petition - Maintainability - Generally, an alternative revision mechanism is available against an order u/s 133 Cr.P.C passed by Magistrate - However, it does not create an absolute bar in invoking writ jurisdiction of High Court u/art 226 of Constitution...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397 -- Dishonour of cheque - Closure of evidence of complainant - Revision - Order to close evidence of complainant after giving him several opportunities is an interlocutory order as the same does not finally decide rights and liabilities of parties but rather only settles some..........
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, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Revision not maintainable against an order of acquittal in a complaint case - Proper remedy is to file appeal u/s 378(4) Cr.P.C subject to grant of special leave by High Court - Revision petition rightly dismissed being not..........
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, Criminal Procedure Code, 1973, Section 402 -- Dishonour of cheque - Conviction - Appeal by accused in Court of Sessions - Complainant filed revision petition before High Court - Revision petition filed in High Court ordered to be transferred to Court of Sessions...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401 -- Dishonour of cheque - Conviction by trial Court - Accused acquitted in appeal - In Revision High Court convicted accused - High Court as per S.401(3) Cr.P.C does not have authority to convert a finding of acquittal into one of conviction while exercising its revisional power - If..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of accused suspended on the basis of statement made by accused on affidavit/undertaking for depositing amount - However, no such amount was deposited by accused - Conduct of accused would go to show that accused is neither ready to argue the matter on merits nor complying with his own..........
