Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Object of Chapter XVII of the Act is not only punitive but also compensatory and restitutive - Provisions of the Act envision a single window for criminal liability for dishonour cheque as well as civil liability for realisation of the cheque amount - There needs to be a consistent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - High Court convicted accused in an appeal against acquittal - Complainant did not ask for compensation before High Court nor he challenged High Court's judgment - As complainant accepted the High Court's verdict, his claim for compensation stands impliedly overturned - Anyhow complainant..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - Conviction by High Court - No ground to interfere with the impugned judgment as when signatures are admitted trial Court ought to have presumed that cheque was issued as consideration for a legally enforceable debt but in the instant..........
Negotiable Instruments Act, 1881, Section 138, Constitution of India, 1950, Article 136 -- Dishonour of cheque - High Court convicted accused in an appeal against acquittal - Power of Supreme Court under Article 136 of the Constitution do not encompass re-appreciation of entirety of record merely on the premise that High Court has convicted accused for the first time in..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Bail during pendency of appeal on deposit of 20% of compensation amount - Non-compliance of condition by not depositing the compensation amount in Court - Bail liable to be vacated, as condition of bail is violated by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Concurrent running of sentence - Various complaints filed by different complainants in different criminal cases in connection with dishonour of cheques against accused - Order of conviction passed for offences - All cases against accused pertain to S.138 of the Act, substantive sentence to run..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Complainant already received the amount of cheque and he does not want to pursue proceedings against accused - However, accused has not appeared before Court and has not taken effective steps to compound offence at initial stage - Compounding of offence would be permitted subject to payment..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Confirmed by Appellate Court - Revision against - Compromise during pendency of Revision - Accused paid entire amount to complainant as per compromise and there is nothing to recover from accused - Compromise has been filed which is taken on record - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheques - Sending cheques to expert for comparison of handwriting - Mere difference in handwritings found in cheques, cannot be a ground to file application for expert opinion...........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheques - Sending cheques to expert for comparison of handwriting found in cheques - Accused not disputed her signatures found in cheques in question - She has not written the contents of cheques - Since it is not mandatory for drawer to fill up entire instrument by himself, no..........
