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...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant has accepted the sum towards full and final settlement of dispute - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal preferred by accused, accused directed to deposit cost of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute by entering into compromise - Complainant has accepted the sum towards full and final settlement of cheque - He is not inclined to proceed further in the matter - Conviction and sentence set aside - However, as compromise has been arrived at after..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Offence under the Act cannot be equated with an offence punishable under IPC or other criminal offences since such offence is almost in the nature of civil wrong - Taking into consideration this aspect and age, occupation and past records of accused, sentence awarded to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Parties have arrived at settlement - Entire amount agreed between parties is received by complainant and he has no objection if conviction of accused with respect to offence is quashed - Conviction and sentence set aside - Accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Compensation in lieu of sentence - Accused handed over two demand drafts of Rs.7,41,000 in favour of complainant as compensation as he offered to pay twice the cheque amount as compensation in lieu of sentence of imprisonment of one year and Rs.9,000 towards cost of proceedings - Complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused is a woman and a senior citizen - She has already deposited fine amount of Rs.9 lakh - Considering age of accused and fact that fine amount has already been deposited by her in full, sentence of accused modify to fine of Rs.9 lakhs...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter voluntarily settled between parties - Entire amount as per settlement has been received by complainant - Offence u/s 138 of the Act being one which is compoundable in any case in terms of S.147 of the Act, even though accused has been convicted - Offence compounded -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Basic ingredients of offence u/s 138 of the Act is satisfied - There is no scope for re-appreciation of evidence in revisional jurisdiction and coming to a different finding in absence of any perversity - Conviction held, proper - However, sentence of accused is modified by limiting it to..........
