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 -- Dishonour of cheque - Compromise - Matter between parties settled amicably - 5% of cheque amount as per directions of Court already deposited by accused as compounding fee - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Matter between parties settled and due amount has already paid to complainant - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - Directors and Chairman cannot claim that they are not privy to enormity of transaction between accused and complainant as complaint clearly narrates role of persons involved in transaction who are made accused in..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Offence by company - By mere statement that Directors were not involved in transaction cannot at this juncture be accepted, when they are being put to trial and the contention being tested on the basis of examination or..........
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 -- Dishonour of cheque - Legally enforceable debt - Cheque drawn for purpose of securing job - Cheque issued for illegal contract - Cheque drawn not in support of any debt or liability as such same is not legally enforceable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Cheque dishonoured due to closure of account - It is an offence u/s 138 of the Act - Order taking cognizance is proper...........
