Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Compensation in lieu of sentence - Accused already deposited compensation amount of Rs.2.45 lakhs and also deposited further amount of Rs.1 lakh as directed by Supreme Court - Only sentence of S.I of 3 months left to be complied with in terms of decision of Trial Court -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Amendment of complaint to make correction in the cause title of complaint - Application dismissed - Correction sought in the cause title of complaint to be specific in the name of accused - Omission to mention name in the complaint exactly as given in the bank..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company or firm not impleaded as accused - Cheque was given by accused to complainant for covering its personal liability - Commercial institution/establishment as such not required to be impleaded as a party/accused in complaint...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant - Accused remained dormant for a considerable period despite appearance of complainant, as such, Court cannot excuse deliberate omission of accused - However, for doing real and substantial justice qua both parties, High Court permitted accused to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to deposit said amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Direction to deposit 10% of cheque amount - Thereafter complainant expressed that he does not desire verification of compromise and sought to withdraw the complaint - Compromise has never been acted upon - However, Court observed that compromise has been acted upon as such complainant was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Complaint u/s 138 of N.I Act - Dismissed in default - Acquittal of accused - Complainant and his counsel remained absent on two adjourned dates - It is not a case of a complainant not desirous to proceed with the matter nor has he consistently remained absent despite best of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........
Criminal Procedure Code, 1973, Section 482, Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 467, 471, 34 -- Quashing of FIR - Compromise between parties - Complainant stated that he has no objection if proceedings are quashed - Even, matter is settled by complainant out of his free will - Moreover, where proceedings are still at..........
