Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Partnership firm - Complaint by Managing Partner of a firm in respect of a cheque issued in favour of firm is maintianble...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Dismissal of complaint in default before taking cognizance but after hearing arguments for taking cognizance - Restoration application filed within 13 days - Complaint restored...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties compounding offence during revision - Allowed - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 320 -- Compromise and compounding - Not synonyms - Any dispute can be compromised between the parties if the terms are not illegal - But only a compoundable offence allowed by law can be compounded...........
Negotiable Instruments Act, 1881, Section 147 -- Offences under the Act committed prior to insertion of S.147 are compoundable - However, provision is not applicable to concluded matters...........
Negotiable Instruments Act, 1881, Section 147 -- Scope - Provision of S.147 of the Act only removes the prohibition in Cr.P.C. against compounding offences not mentioned in the tables in S.320(1) and (2)...........
Negotiable Instruments Act, 1881, Section 147 -- Offence under Negotiable Instruments Act is compoundable when appeal or revision is pending...........
Negotiable Instruments Act, 1881, Section 147 -- Compounding of offence - There is no provision under S.320 Cr.P.C. or Negotiable Instruments Act to accept or permit compounding after conviction has become final and no appeal or revision is pending against conviction...........
Negotiable Instruments Act, 1881, Section 147, Criminal Procedure Code, 1973, Section 482 -- High Court cannot reverse, alter or modify conviction which has become final by its own order passed in a revision petition, by using power u/s 482 Cr.P.C. taking note of subsequent events like compounding of the case...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Notice of demand - Has to be in writing - Notice by making telephone call - Not sufficient...........
