Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320, 482 -- Dishonour of cheque - Compounding of offence - Dispute in the nature of complaint u/s 138 of N.I Act can be settled by way of compromise irrespective of any other legislation including Cr.P.C in general and S.320(1)(2) or (6) Cr.P.C in particular...........
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..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4) -- Extension of time for completing investigation - Application seeking extension of time is required to be supported by report of Public Prosecutor and not I.O...........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A(4), 22(c) -- Default bail - Offence u/s 22 of NDPS Act - Application seeking extension of time for completing investigation is filed by prosecution - However, said application on basis of report prepared by I.O cannot be considered as compliance of requirement..........
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..........
