Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Main petition withdrawn - Once very petition stands withdrawn on the basis of compromise, continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all subsequent proceedings quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Matter between parties settled amicably - 5% of cheque amount as per directions of Court already deposited by accused as compounding fee - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of proceedings - Compromise between parties - Nature of dispute is pre predominantly private - Compromise entered into voluntarily - Nature of offences is also not heinous - Fit case where extraordinary power u/s 482 Cr.P.C. can be exercised to secure..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Compromise arrived at between parties - Complainant is permitted to withdraw complaint - Accused directed to deposit compounding fee of Rs.2000 instead of 15% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived at between parties - Complainant has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Complainant has no objection if conviction of accused is set aside - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction of accused had attained finality by virtue of order passed by Supreme Court much before filing of petition for compounding of offence - However, no application for compounding of offence was filed after compromise between parties - Since prayer for compounding of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque in question was given as security in view of compromise arrived at between parties - Complainant admitted that cheque was not issued in respect of any enforceable debt - Proceedings u/s 138 of the Act would be illegal - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise in between parties - Offence u/s 138 of the Act is compoundable, hence, conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Offence u/s 138 of the Act can be compounded as complainant agreed that on account of precarious financial condition of accused, he is ready to accept the amount of Rs.25000/-, which he has already received - Offence compounded - Conviction and sentence set aside - Accused acquitted...........
