Negotiable Instruments Act, 1881, Section 138, 141, Criminal Procedure Code, 1973, Section 421, Insolvency and Bankruptcy Code, 2016, Section 238 -- Dishonour of cheque - Company - Application u/s 7 of Insolvency and Bankruptcy Code, 2016 accepted - Recovery of fine - Post conviction recovery of fine/compensation from assets of corporate debtor will have to be in terms of..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of appeal - Direction to deposit 30% of compensation awarded by trial Court as condition for suspension of sentence - As per the record rounding of amount under cheques involved in complaints, virtually,..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount as interim compensation - Bank cannot oppose the petition and if he opposed it, again very obviously petition would have to be allowed in terms of applicability of S.143-A of the Act - Order directing to pay 20% of cheque amount as interim compensation set..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Direction to deposit 20% of cheque amount - Accused was to pay amount as per notice on or before 11.08.2018 - Offence will be complete only after 11.08.2018 - S.143-A of the Act came in the statute book on 01.09.2018 i.e. subsequent to commitment of offence - Impugned order vide which direction..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived between parties - Conviction set aside - Accused acquitted - Plea for exemption to pay 15% of cheque amount as compounding fee - As accused has arranged amount of compensation to be paid to complainant with great difficulty by borrowing the same from his nearer and dearer..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused convicted - Compensation not granted to complainant - Once it is proved by complainant that cheque was dishonoured, then it was for trial Court to award compensation to complainant - Sending accused in jail for dishonour of cheque will not serve the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........
Criminal Procedure Code, 1973, Section 265A, 357(3), Negotiable Instruments Act, 1881, Section 138 -- Plea bargaining - Offence u/s 138 of N.I. Act - Sentence to pay compensation along with default sentence without any substantive prison sentence or sentence to pay fine - Unsustainable, as it is illegal...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Offence for which accused charged is not `stricto sensu' be termed to be an offence against State - Entire amount of compensation deposited by accused - Complainant is not interested to pursue the complaint and does not want to hold..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2 lakhs - Accused convicted and sentenced to one year SI and to pay a fine of Rs.5, 000/- and accused further directed to pay compensation of Rs.2.20 lakhs to the complainant - Accused deposited the amount of Rs.2.20 lakhs - Accused aged 51 years of age and a poor widow who is earning..........
