Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Compromise arrived inter se between parties can be accepted and offence u/s 138 of the Act can be ordered to be compounded even after conviction...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Parties have settled their dispute amicably - Entire disputed amount has been paid by petitioner to complainant - Complainant has no objection if offence is compounded - Offence compounded - Conviction and sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 45 -- Dishonour of cheque - Handwriting and fingerprint expert - Comparison of relevant writings/signatures on cheque - Disputed cheque though signed by petitioner No.2 but was misused by one `G' - Application dismissed by trial Court on the ground that petitioner No.2 admitted signatures on..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Return of dishonoured cheques simpliciter does not create an offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cause of action arises only when the amount remains unpaid even after the expiry of fifteen days from the date of receipt of demand notice...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director - Moratorium imposed u/s 14 of IBC - When notice was issued to appellant, he was not in charge of corporate debtor as he was suspended from his position as the director of corporate debtor as soon as IRP was appointed - All the bank accounts of corporate debtor were..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Company not arraigned as an accused - Complaint against Executive Director of company alone - Accused was not drawer of cheque in his personal capacity, but he was an agent of the corporate entity - In the absence of Company as party to proceedings, prosecution against..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Impleadment of additional accused - No additional accused can be impleaded subsequent to filing of a complaint once the limitation prescribed for taking of cognizance of offence u/s 142 of the Act has expired...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Trial Court u/s 138 of the Act is given discretion to impose sentence of imprisonment or fine or both...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - While imposing sentence u/s 138 of the Act, Court should exercise its discretion in imposing fine by having regard to S.357(3) Cr.P.C - Rather, criminal Court should bear in mind the object of Chapter XVII containing Ss.138 to 142 of the Act and give priority to compensatory aspect of remedy...........
