Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant/no, applicant made a statement at bar that compromise has taken place between parties outside Court and in pursuance to that complainant/no, applicant has received an amount of Rs.55,000/- from applicant/accused and prayer is made for compounding the offence u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Summoning order - Quashing of - Notices were given by complainant to accused and Magistrate after considering whole evidence was of view that there was prima facie evidence to establish case u/s.138 of N.I. Act against accused and then he was summoned by Court..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint - Quashing of - Denial with regard to service of notice - Held, it can only be considered by leading evidence by both parties - At this stage meticulous analysis is not required and cannot be said that no offence is made out against applicant - All submissions made at bar relate to disputed..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Contention that no notice was received by applicant and that applicant has already paid the amount in dispute - Even if allegation made in the complaint as well as the documentary evidence brought on record are taken at their face value and accepted in their..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Dishonour of cheque - Demand notice returned unserved - Contention of respondent that even if demand notice was returned unserved then after receiving summons of complaint it was primary duty of accused to make payment of cheque - But instead of doing so,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257, 321 -- Dishonour of cheque - Complaint - Withdrawal of Duty of Magistrate - Held, Magistrate has to record his satisfaction regarding good grounds for withdrawal of complaint i.e. fulfillment of pre-condition for withdrawal upon summary enquiry either with complainant or with accused..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Directors of Company - Vicarious liability - Held, vicarious liability of a person for being prosecuted for an offence committed under the Act by a Company arises if at the material time he was i, charge of and was also responsible to company for conduct of its business - Simply because a..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Directors of Company - Vicarious liability - Sentence - Petitioners-accused Nos.2 and 3 have already suffered the sentence of imprisonment awarded to them under the impugned judgment - Held, interest of justice would be sub served if any further substantial punishment is not awarded and same is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Held, an application for compounding of offence filed u/s 320 of Cr.P.C. after pronouncement of judgment in appeal/revision, petition does not lie as court has no more seisin over the case - Compounding of offence u/s 320 of Cr.P.C. is permissible only when the case is..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Company - Prosecution of directors - Allegations against the petitioners are vague - There is no specific averment in complaint to show as to how and in what manner petitioners were i, charge of and responsible for management of day to day affairs and business of company - Held, respondent has..........
