Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by company - Modification of sentence - Complaint was instituted in 2006 and 15 years have elapsed since then - Accused thus, sentenced with imprisonment for a term of 1 year with fine twice the amount of cheque i.e Rs.3,20,000/- - However, in view of passage of time, if accused pays a further..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence during pendency of appeal - Condition that on non-deposit of minimum of 20% of fine/compensation, benefit of suspension of sentence would automatically vacated - Held, appellate Court in an appeal against conviction u/s 138 of the Act, while..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320(8) -- Dishonour of cheque - Compounding of offences at revisional stage - Settlement between the parties and due amount is paid to complainant - Conviction and order of sentence, quashed and set aside with Cost of Rs.10,000/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentences - Accused already served jail sentence in each 5 cases separately - Accused is in jail to undergo additional jail sentence due to non-payment of fine - Since accused has paid amount of compensation and complainant has accepted it, applicant be released from jail - Thus,..........
Negotiable Instruments Act, 1881, Section 138, 148 -- (as amended) - Dishonour of cheque - Application for interim compensation - After suspension of sentence - Maintainability of application - Amended S.148 of the Act confers power upon the appellate Court to direct deposit the sum which shall not be less than 20% of the fine or compensation either on application filed by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Accused was in financial distress and it is in such event he had offered to sell his house for which advance payment was made by complainant - Subject cheque was issued towards repayment of a portion of the advance amount since sale transaction could not be taken forward - Order of conviction..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Matter compounded by parties - Complainant is permitted to withdraw the complaint - However, keeping in view of poor financial condition of accused, it is appropriate case to impose lesser compounding fee - Accused held, directed to deposit compounding fee of Rs.5,000 instead of 15% of cheque..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled between parties - Entire due amount stands paid by accused to bank - Court ordered compounding of offence in question subject to payment of compounding fee @ 10% of cheque amount by accused - Conviction and sentence set aside...........
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..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise between parties - Complainant admitted that he had received amount from accused being cheque amount and he has given quietus to dispute and he has no objection with regard to setting aside conviction and sentence passed against accused - Conviction and sentence set aside...........
