Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant had no objection in compounding the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Power of appellate Court to order payment pending appeal against conviction - Appellate Court ordered to deposit 20% of compensation for suspending execution of sentence of imprisonment - Said order held, unreasonable - Quantum of deposit 20% of cheque amount modified to 5%...........
Negotiable Instruments Act, 1881, Section 138, 143(A) -- Dishonour of cheque - Interim compensation - No opportunity was granted to accused to file his response before passing of interim compensation of 20% of cheque amount, despite the fact that he had not pleaded guilty of notice of accusation served upon him u/s 138 of N.I. Act - There is no application of mind by trial..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted on the ground that disposal of case would take considerable time - Nothing mentioned about conduct of accused as a reason for grant of compensation - Impugned order set aside - Matter remitted for reconsideration...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Conduct of accused is a relevant factor for grant of interim compensation - Such reason should be mentioned in the order as it is only then that such an order will become an order bearing application of mind...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Issuance of cheque of Rs.6.70 lakhs towards partial liability - Plea that it is not mentioned as to what was the liability - However there is specific mention in the complaint as to the issuance of cheque of Rs.6.70 lakhs - Order to pay interim compensation of 20% of the..........
Negotiable Instruments Act, 1881, Section 138, 139, 141 -- Dishonour of cheque - Offence by Company - Cheque amount of Rs.5,12,188 which was dishonoured and unpaid since 29.5.2000 - Company and its three Directors convicted and sentenced - Accused to pay fine of Rs.8,00,000 jointly and severally and in default accused Directors shall suffer R.I. for one year each - Fine..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted in a routine manner and there is no application of mind as to why said compensation has been awarded - Trial Court treated the provision as mandatory in nature whereas the legal position is otherwise - Impugned order set aside - Matter remitted for decision afresh...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Death of accused - Interim compensation cannot be recovered from estate of deceased accused - However, compensation awarded u/s 138 of the Act can be recovered from the estate of deceased accused...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - There is no separate provision for compensation in Negotiable Instruments Act and for compensation in criminal cases provision of S.357 Cr.P.C will be attracted...........
