Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque amount Rs.2.20 lakhs - Accused convicted and sentenced to one year SI and to pay fine of Rs.5, 000/- - Accused also directed to pay compensation of Rs.2.20 lakhs - Held, when sentence of fine is part of imprisonment then Court should not direct payment of compensation - Sentence of fine deleted..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2), 357(3) -- Dishonour of cheque - Fine can be extended to twice the amount of cheque - However, in view of limitation prescribed u/s 29(2) Cr.P.C. trial Court should not award sentence of fine of more than Rs.5, 000/- - In such a situation Magistrate can alleviate the grievance of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - At revisional stage - Draft towards full and final payment brought to Court - 15% of the cheque amount deposited with the State Legal Service Authority - Offence u/s 138 of the Act is compoundable u/s 147 of the Act - Compounding of offence allowed - Sentence set aside -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint on the basis of second notice - Earlier notice was issued but complaint not filed - Complaint on the basis of issuance of second notice not maintainable...........
Negotiable Instruments Act, 1881, Section 138, 141(1) -- Dishonour of cheque - Company - Complaint against company and its directors for dishonour of cheque - Director sought quashing of summoning order on the ground that complainant has not stated in the complaint as to how the petitioner/director has been made an accused or was in charge of the business of the company at..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Jurisdiction - Pleadings in the complaint and averments in affidavit specific about place of cause of action and jurisdiction of Court - Complainant need not to examine witnesses to prove place of cause of action - Order dismissing complaint at pre-cognizance stage stating that no witness was examined..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint filed by attorney in his own name as constituted attorney - Complainant was neither payee nor holder of cheque in due course - Attorney no where claimed that he had entered into the transactions on behalf of the payee and that he alone was conversant with the said transactions of the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint filed by attorney in his own name - If power of attorney is not in-charge of the business and does not have the personal knowledge of the transactions, he cannot make a statement u/s 200 Cr.P.C. to verify the facts of the complaint...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Prosecution of directors - Complainant-respondent has specifically mentioned in complaint that petitioners No.2 and 3 are authorized signatories and they had issued cheque - They are i, charge of and responsible for day to-day management and affairs of company - Held, averments..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Applicability of S.202 of CrPC - Jurisdiction of Court - Choosing of - Held, complainant can choose any one of the court having jurisdiction over any one of the local areas in which any one of the five acts i.e. drawing of cheque, Presentation of cheque to..........
