Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Power u/s 147 of the Act can be invoked at any stage of proceedings i.e at the stage of trial, appeal or at revisional jurisdiction and Courts should be liberal in exercising such powers...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties settled the matter and amount deposited by petitioner with complainant - In the light of consent of parties, by invoking power u/s 147 of the Act, offence u/s 138 of the Act ordered to be compounded - Accused acquitted...........
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...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conversion of fine into compensation - Magistrate has not convicted accused for any sentence - Conversion of fine into compensation u/s 357(3) Cr.P.C thus, illegal, because provision of S.357(3) Cr.P.C will come into force only when Court imposes a sentence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Compensation - In cases u/s 138 of Negotiable Instruments Act, compensation can be granted only u/s 357(1)(b) Cr.P.C and not u/s 357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29 -- Dishonour of cheque - Imposition of sentence - Power of Magistrate - Judicial Magistrate of First Class cannot impose fine of more than Rs.10,000/- as per provisions of S.29 Cr.P.C - But in view of amended provision of S.143 of Negotiable Instruments Act, a provision has been made..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Once execution of cheque is admitted, mere denial regarding existence of debt cannot save accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Cross-examination of complainant demonstrates that accused did not deny execution of cheque - He did not deny his transaction with complainant - Rather during his examination u/s 313 Cr.P.C. he stated that he had a business transaction with complainant for which he issued a blank cheque..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Offence by company - Admittedly, as officers of appellant company they were aware of the fact that advance of Rs.1 lac was received from complainant for sale of land to him and company had enforceable debt to complainant as per terms of agreement - Neither land was transferred to him nor advance..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Complainant had a financial standing to advance friendly loan to accused is prima facie proved from evidence on record - Cheque in question bears signatures of accused - Plea of defence sought to be raised is absolutely baseless, as there is no material much less prima facie material to..........
