Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - It is discretion of Court to exempt an accused from personal appearance till such time his appearance is considered by the Court to be not necessary during the trial - While considering an application u/s 205 of the Code, Magistrate has to bear in mind the nature of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - Court must ensure that the exemption from personal appearance granted to an accused is not abused to delay the trial...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - General directions issued by High Court - Held, discretion of Magistrate u/s 205 Cr.P.C. cannot be circumscribed by laying down any general directions in that behalf...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Examination of accused u/s 313 Cr.P.C. - In a summons case, when the personal appearance of the accused has been dispensed with u/s 205 of the Code, a discretion is vested in the Magistrate to dispense with the rigour of personal examination of the accused u/s 313 of the Code as well...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Exemption from person appearance - High Court granted exemption from personal appearance in exercise of power u/s 482 Cr.P.C. - Order set aside - It is discretion of Magistrate whether to grant exemption or not...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Complainant a chitty company - Accused subscriber of complainant - Chitty prized in favour of accused - Chitty amount availed by accused - Both courts below have concurrently found that dishonoured cheque in question was issued by accused towards discharge of liability due to complainant out of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused sentenced and directed to pay compensation u/s 357 (3) of the Code - Accused faced rigorous of criminal prosecution for the past six years and served out of the substantive sentence of imprisonment for 39 days - Substantive sentence reduced to one only..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused convicted - During pendency of revision complainant filed an affidavit indicating his satisfaction in settlement of the dispute and receipt of the defaulted amount - Compounding of offence allowed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Compounding of offence - Petitioner suffered conviction and sentence on account of dishonor of cheque of amount of Rs 50, 000 - Compromise entered into between parties during pendency of revision under which petitioner paid full amount of cheque to complainant - Conviction set aside as offence u/s 138 NI Act is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 313 -- Dishonor of cheque - Accused did not take any defence at time of accepting notice - Cheque was issued of a closed account - Accused did not lead any defence evidence - Defence taken in statement u/s 281 or S.313 Cr.P.C. cannot be given a status of evidence - Any statement u/ss 281..........
