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...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence of fine - Magistrate has discretion to impose sentence of fine which may extend to double the amount of cheque and therefore, sentence of fine whenever imposed by criminal Court upon conviction of accused u/s 138 of the Act must be sufficiently enough to adequately compensate the complainant...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - While passing order u/s 148 of the Act, Court has to consider that condition of deposit of 20% will not be unjust but also, the fact whether imposing condition would amount to deprivation of right of appeal of appellant - For passing final order u/s 148 of the Act, Court can gather the required..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit 20% of cheque amount - It is not mandatory to impose condition to deposit 20% of compensation and Court has discretion to reduce or exempt in appropriate cases...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - An offence u/s 138 of the Act has five components: (i) drawing of cheque, (ii) presentation of cheque to the bank; (iii) returning of cheque unpaid by drawee bank; (iv) giving notice in writing to the drawer of cheque demanding payment of cheque amount; and (v) failure of drawer to make payment within..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Jurisdiction of Court - S.142 of the Act provides the complainant with the right to lodge a complaint, before a Court within whose jurisdiction the branch of bank where the cheque is delivered for collection is situated...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Jurisdiction of Court - Cause of action - Court gets jurisdiction over the matter if cause of action arises within the local limits of its jurisdiction - Cause of action means whole bundle of material facts which it is necessary for the plaintiff to prove in order to entitle him to succeed in..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled the disputes between themselves - Offence in question compounded - Petitioner No.2, acquitted - Costs of Rs.20,000 imposed on petitioner No.2 to be deposited with Spinal Rehab Centre...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
