Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory as per S.148 of the Act, emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Suspension of execution of sentence - Order to deposit 20% of compensation amount - Accused facing financial difficulty is not a ground sufficient enough for carving out an exception from mandate of S.148 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount - Petitioner has placed on record material indicating circumstances beyond his control which ex facie render him unable to deposit 20% of compensation amount, particularly in view of his advanced age and medical condition, duly..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Settlement arrived at between parties - Petitioner agreed to pay Rs.45 lakhs under said settlement - Matter stands closed in terms of settlement...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Question whether a cheque was issued by way of security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated in proceedings u/s 482 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Complaint on its face discloses ingredients constituting an offence u/s 138 of N.I Act - Even if plea of petitioner that cheque was issued as security or that liability stood discharged, is taken at face value, such pleas are matters..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - It has to be understood as valid offer and acceptance of legally enforceable discharge which may be cash, manager's cheque, demand draft or may even be a mix of all the above and may also include a renewed cheque...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Offence u/s 138 of the Act is not attracted where drawer upon service of notice makes payment within prescribed period - Once payment is lawfully tendered and accepted foundational ingredient of "failure to make payment" stands negated...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount - Mode of payment - Statute does not prescribe any specific mode of payment - Making of payment thus entails a legally valid tender and does not press/pose a cash payment alone - It has to be understood as a valid offer and acceptance of legally enforceable discharge..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice - Payment of cheque amount by way of demand draft but same not encashed - Demand draft presented for encashment only when petitioner was summoned in the complaint - Such conduct lends credence to petitioner's contention that criminal process was invoked not for recovery of dues, since amounts had..........
