Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Parties are at liberty to compound the offence at any stage even after dismissal of revision application...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by company - No resolution on record by company authorizing complainant to file complaint against accused - Complaint dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Proceedings also initiated under Punjab Co-operative Societies Act - If a civil suit for recovery is filed it does not preclude the lender from initiating proceedings u/s 138 of the Act and vice versa - There is thus no question of accused having been prosecuted twice and consequently..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused convicted - Compromise arrived at between parties after dismissal of appeal against conviction - Complainant received the amount and was not interested in pursuing the litigation any further - Offence punishable u/s 138 of the Act is compounded - Complaint u/s 138 of the Act dismissed - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-appearance of complainant - Accused acquitted - Complainant could not appear before trial Court on relevant dates due to heart ailment as he was treated in Hospital - He submitted an affidavit u/s 200 Cr.P.C and other documents on record in support of his complaint before said illness - Amount of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Stay of proceedings during pendency of Arbitration proceedings - Both civil and criminal proceedings can continue simultaneously if both arise from separate cause of action - Arbitration proceedings are with regard to civil dispute arising on alleged violation of terms of agreement whereas proceedings..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default - Complainant could not appear in Court due to COVID-19 pandemic - Explanation offered by complainant is very reasonable and extremely probable - Court should not have dismissed the matter due to non-prosecution and should have taken other recourse - Impugned order set..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Non-MICR cheque - Cheques being presented on second time returned by bank on the ground of being not acceptable on account of its being non-MICR cheque, cannot be a ground for prosecution u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Notice - Dispatch of demand notice under a certificate of posting is a valid mode of dispatch of demand notice...........
Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Service of notice - No service report on record regarding service of demand notice upon accused - Only dispatch proof under certificate of posting is on record - No presumption in connection with such demand notice u/s 138 of the Act through certificate of posting can be drawn unless it is coupled..........
