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, 147 -- Dishonour of cheque - Compromise arrived at between parties - Complainant has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Complainant has no objection if conviction of accused is set aside - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Plea of accused that subject matter of cheque is not towards debt or liability - Plea held, not tenable as subject matter of cheque was given to towards his liability to pay amount in lieu of share of complainant and fact that complainant is sister of petitioner is not in dispute - It is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation deposited by accused with trial Court - Complainant has no objection for compounding the offence in the event of release of entire amount of compensation - Matter ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have arrived at a settlement after appellate Court had upheld conviction of petitioner - Offences under the Act can be compounded at any stage of proceedings - Keeping in view the spirit of S.147 of the Act, offence u/s 138 of the Act can be compounded - Conviction..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of fine amount - Provision u/s 148 of the Act requiring accused to deposit 20% of amount of fine in an appeal against conviction is mandatory in nature, as expression `may' as contained in said provision be read as `shall'...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 4 cases - Concurrent running of sentences - When the parties are common and dispute/complaints arise from one common transaction of lease amount, same can be construed as one transaction only for purpose of extending benefit u/s 427 Cr.P.C,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea that there is no privity of contract as contended by accused cannot be accepted as accused has already made part payment - Thus, contention of accused that accused is not liable to pay any amount cannot be accepted - Conviction proper...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction of accused had attained finality by virtue of order passed by Supreme Court much before filing of petition for compounding of offence - However, no application for compounding of offence was filed after compromise between parties - Since prayer for compounding of..........
