Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction u/s 138 of the Act - Payment of compensation - Awarding jail sentence to accused may not be in interest of justice - Payment of compensation u/s 357 Cr.P.C to complainant would be in interest of justice - Directions issued...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Apparently there is no reason to disbelieve case of complainant - Explanation offered by accused on other hand is not founded on proof and it does not stand to reason - Accused could have availed opportunity by accepting demand notice instead of repeatedly avoiding its service -..........
Negotiable Instruments Act, 1881, Section 138, 139, 118 -- Dishonour of cheque - Presumption - Both trial Court and appellate Court rightly held that burden was on accused to disprove initial presumption u/ss. 118, 139 of the Act - Burden is not discharged rightly - Conviction upheld - Considering the age of accused, sentence modified to one of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Non-deposit of 20% of compensation amount - Order revoking suspension of sentence - 20% of compensation amount works out to Rs.12 lakhs - Accused already deposited an amount of Rs.6 lakhs and has now prepared another draft for balance amount of Rs.6 lakhs - Delay in arranging..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 397, 401 -- Dishonour of cheque - Conviction - Revision against - Revision cannot be dismissed solely on the ground that accused has not surrendered...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Revision against - Suspension of sentence during pendency of revision - Accused is 71 years old and already deposited 75% of total compensation - Since sentence awarded is only 1 year and revision is filed in COVID-19 Pandemic, sentence of accused..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise during pendency of revision - Complainant received the amount as full and final settlement of dispute - Offence u/s 138 of the Act is compoundable - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Accused taking two opposite defences as to losing cheque and also misuse of same by complainant - Even, no reason given by accused as to how and why he kept cheque book blank after signing it - Accused unable to prove any evidence in support of his defence - Conviction held, proper...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Plea of mis-use of cheque - Independent evidence not adduced corroborating circumstances or documents reliable to hold mis-use of cheque - Denial is made for the sake of denial and same cannot be accepted without there being any substance in it - Specific defence taken by accused is un-established -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issuance of cheque by accused is established - Even, signature is established - Further, whenever special plea is taken it is incumbent upon accused that he has to establish special plea and accused failed to establish the same - Conviction held, proper - Fine modified...........
