Negotiable Instruments Act, 1881, Section 138(b) -- Dishonour of cheque - Demand notice - Drawer if pays cheque bounce amount within statutory period or before complaint is filed against him, then this is the end of his legal liability u/s 138 of the Act - For recovery of other sums which is additionally mentioned in the notice, payee should seek his remedy in a civil..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of proceedings u/s 174-A IPC is nothing but an abuse of process of law - FIR u/s 174-A IPC along with all..........
Indian Penal Code, 1860, Section 304(PartII), 323 -- Offence u/ss 304 Part-II IPC - Reduction of sentence - Accused inflicted injury on victim from backside of an axe - Dispute arose on a very trivial issue of distribution of wheat seeds that too in a spur of moment and without premeditation - No criminal antecedents against accused - Accused has faced the rigour of trial..........
Indian Penal Code, 1860, Section 329 -- Offence u/s 329 IPC - Reduction of sentence - Incident is of the year 2014 - Dispute arose on a very trivial issue of raising demand of money for purchase of liquor that too in the spur of moment and without any pre-meditation - Accused inflicted the injury on victim from wooden stick, which means that he did not want to kill the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of accused - Magistrate considered documentary evidence to proceed against accused - Not necessary to examine the witnesses...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Five cheques - Joint trial - Plea that there can be joint trial for three offences - It would be within domain of trial Court to decide at the stage of framing of charges as to which of three offences should be tried together and trial judge would consider the feasibility of separation of trial for two..........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Accused had issued cheques on behalf of company and company has not denied this fact - Company cannot be absolved of its liability and should be prosecuted in the criminal case along with responsible office bearers...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by company - Commercial Manager - No specific role assigned to him - Rather some other co-accused were holding the post of Managing director, Executive Director etc. - Criminal prosecution of petitioner would be an abuse of process of law - Summoning order qua petitioner quashed...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if charge-sheet is filed and cognizance is taken by Court against accused, who has got an immunity from being arrested during the course of investigation either by way of order of a competent court protecting him by grant of anticipatory bail or by service of notice u/s 41-A Cr.P.C. by I.O, anticipatory..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 354, 504, 506, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Demand of dowry - Charge-sheet has been filed in the matter - Accused have been cooperative during the course of investigation - I.O did not find any ground to arrest them during the course of..........
