Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Appellate Court is not required to minutely assess merits of appeal and find out such special reasons - It is for accused to point out to appellate Court special circumstances, if any..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of sentence on deposit of 20% of compensation ordered by trial Court - Accused had to mentioned in application any special reasons for exempting her from making deposit of amount u/s 148(1) of the Act - It was only mentioned that cause of action for filing..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Dissolution of company during pendency of proceedings - Directors and other accused cannot escape by citing its dissolution - Only company is dissolved, not personal penal liability of accused covered u/s 141 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - By operation of provisions of Insolvency and Bankruptcy Code, criminal prosecution initiated u/s 138 of the Act r/w S.141 of the Act r/w S.200 Cr.P.C cannot be terminated...........
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, 118 -- Dishonour of cheque - Presumption - Once the signature on cheque is admitted, accused cannot escape his liability u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Amended provision of S.148 of the Act is retrospective in nature - It applies even to a case where criminal complaints for the offence u/s 138 of the Act were filed prior to coming into force of the amended provision of S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order as to payment of 25% of the amount of compensation - Use of word "may" in the provision - It is generally to be construed as a "rule" or "shall" - Not to direct to deposit by appellate Court is an exception for which special reasons are to be assigned...........
Negotiable Instruments Act, 1881, Section 148 -- Dishonour of cheque - Appeal against conviction - Order as to payment of 25% of the amount of compensation - Non compliance of the condition - Court imposing condition can very well hold that suspension of sentence stands vacated due to no, compliance of condition of deposit...........
Negotiable Instruments Act, 1881, Section 138(b) -- Proviso - Dishonour of cheque - Demand notice - There is no requirement to mention cheque number in notice...........
