Negotiable Instruments Act, 1881, Section 148, Criminal Procedure Code, 1973, Section 357(2), 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - Appellate Court can order to deposit such sum pending appeal which shall be a minimum of 20% of the fine or compensation awarded by the trial Court irrespective of the provision of S.357(2) Cr.P.C. as..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401, 394 -- Dishonour of cheque - Conviction - Appeal also dismissed - Revision - Death of accused during pendency of revision - Revision does not abate - Court can pass appropriate orders with regard to sentence of fine...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Appeal also dismissed - Death of accused during pendency of revision - Son also expired - Grandson survived - Liability will be upon him without his fault - Sentence imposed set aside - Fine imposed confirmed - Applicant shall pay Rs.18,875/- as compensation to complainant...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Conviction - Compromise between parties during pendency of revision - Complainant received all the amount from accused and does not want to proceed in the matter - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Complainant is permitted to withdraw complaint and matter is compounded and complaint arising out of dishonour of cheque u/s 138 of the Act is treated to be withdrawn and judgments of conviction and sentence passed by Courts below are quashed and set aside - Accused acquitted of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise during pendency of appeal filed against conviction - Complainant has no objection if judgment and order of conviction and sentence is set aside - Accused acquitted - As applicant`s financial condition is poor but he could manage funds from friends and relatives therefore, applicant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Plea of accused that sentence can be modified by enhancing compensation - Plea held, tenable therefore, sentence of accused modified by setting aside sentence of imprisonment and by enhancing the compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence during pendency of revision - Application for suspension of sentence filed as an afterthought to blame earlier counsel against whom no complaint is lodged - Accused was neither taken into custody after passing of judgment..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Accused deposited compounding charges i.e 15% of total amount - No useful purpose would be served by keeping proceedings alive - Permission to compound offence granted - Conviction and sentence of accused set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Appeal against conviction - Compromise during pendency of appeal - Complainant received the entire cheque amount - Compounding of offence allowed - Conviction and sentence set aside...........
