Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been amicably settled and joint memorandum of compromise signed by parties has been filed - Offence u/s 138 of the Act stands compounded u/s 147 of the Act - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of defence evidence - Four opportunities granted but accused neither taken any steps nor produced evidence in defence - However, to meet the interest of justice and to give a chance of a fair trial to the parties, one opportunity is granted to lead defence evidence subject to cost of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Allowed - Conviction set aside - Prayer for lesser amount of compounding fee instead of 15% of cheque amount - Accused directed to deposit compounding fee of Rs.1000/- instead of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Neither accused denied his signature in the cheque nor denied receipt of legal notice - Had accused initiated insolvency proceedings or had accused been abducted and cheques forcibly obtained, he would issued a reply notice setting out these facts - Moreover, after perusing original cheque Court does..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque returned on ground of `account closed' - It will attract S.138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - As per accused, he borrowed money from someone else and cheque was given to him and said person had handed over cheque to complainant for filing prosecution - However, neither signature are denied by accused in cheque nor accused replied to statutory demand notice that was issued by complainant - Though..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Complainant not cross examined despite providing opportunities - Petitioner provided an opportunity, in the interest of justice, to cross examine complainant subject to payment of costs of Rs.10,000/-...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Loan - No documentary evidence to show that complainant had given the amount as loan to accused - Complainant says that she has receipt of loan amount paid in instalments but no such receipt produced - Probable defence was taken by accused - Complainant failed to prove that there was legally..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Recall of complainant - Dishonour of cheque - Recall of complainant to prove certain documents which is not done cannot be construed to be an act of prejudice - Opinion of trial Court that it was essential for just decision of case cannot be said unjust or illegal - Application..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence without consent of complainant - Court can order compounding unilaterally, as object of provision is primarily compensatory and punitive element is mainly with object of enforcing compensatory element - Offence permitted to be compounded...........
