Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70 -- Dishonour of cheque - Recovery of fine - Maximum sentence that can be imposed for offence u/s 138 of N.I.Act is 2 years - Fine or any part thereof, if remains unpaid may be levied at any point within a period of 6 years after passing of sentence, going by provisions contained in S.70 IPC...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside conviction and sentence of accused -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Procedure for trial of cases under Chapter XVII of the Act, normally is to follow summary procedure - However, summons trial procedure can be followed where sentence exceeding one year may be necessary taking into account the fact that compensation u/s 357(3) Cr.P.C. with sentence of less than one year..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Criminal prosecution u/s 138 of the Act, is neither for recovery of money nor for enforcement of any security etc. - It is a penal provision, commission of which offence entails conviction and sentence on proof of guilt in duly conducted criminal proceedings...........
Criminal Procedure Code, 1973, Section 439, Negotiable Instruments Act, 1881, Section 138 -- Bail - Dishonour of Cheque - Accused had preferred an appeal against judgment of trial court and his sentence was suspended by appellate Court - Petitioner had been appearing on every date before appellate Court and he could not appear only on one occasion - Bail granted with..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Proceedings u/s 138 of N.I.Act are not recovery proceedings and in a given case Criminal Court may only award sentence of imprisonment...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389(1) -- Dishonour of cheque - Conviction - Appeal against - Suspension of sentence during pendency of appeal - Imposition of condition of depositing Rs.20,000/- - Pre condition of depositing part of compensation cannot be imposed while exercising power u/s 389(1) Cr.P.C. - Condition of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 421(1) -- Dishonour of cheque - Conviction - Order to pay compensation with default clause to undergo imprisonment - Compensation not paid and default sentence undergone - Held, even though default sentence has been suffered, yet compensation is recoverable in the manner provided u/s..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - As matter between parties have been compromised therefore, judgment of conviction and order of sentence is hereby set aside - Accused acquitted...........
