Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence, during pendency of appeal, with condition to deposit 20% of compensation amount - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Closure of evidence of complainant - Ample opportunities were given to complainant, however, he failed to avail the same and did not presented himself for examination - For his causal, unscrupulous and obnoxious behavior, he should be admonished and penalized..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Evidence Act, 1872, Section 138 -- Cross examination of witness exceeded 12 hours - Extension of time for further cross examination - Tribunal held that full and sufficient opportunity to cross examine witness is already given and no further extension of time is warranted - There is no justification in the order passed by High Court in interfering with the directions of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - Appellant has been acquitted in proceedings u/s 138 of N.I. Act - Money subject matter of dispute stands paid - All criminal proceedings, inclusive of FIR u/s 174-A IPC, shall stand closed - Appellant's status,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Mandatorily required averments - Missing in the complaint - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioner had undergone total custody of 3 months and 6 days out of 6 months - Petitioner had already paid 55% of compensation amount - He has thus, undergone over half of sentence and paid more than half of compensation amount - Sentence reduced to period already undergone by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioners were sentenced to a period of one year S.I. - Both the petitioners have undergone more than one year in custody out of total sentence and also suffered agony and trauma of protracted trial - Sentence awarded to petitioners reduced to period already undergone by them -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complaint by power of attorney holder - Power of attorney holder is a competent person to file complaint u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Process can be issued on the basis of contents of complaint, documents in support thereof and affidavit submitted in support of complaint - Magistrate has discretion and is not bound to call upon complainant to be examined to decide whether or not to issue process - Magistrate can rely upon affidavit..........
