Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Presence of accused or filing of compounding petition need not be insisted by Criminal Courts, if matter is amicably settled between parties and in cases wherein presence of accused could not be secured or could be secured only..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Once counsel for complainant files a statement stating that complainant has received the amount, nothing further remains to be adjudicated in the matter, parties can be allowed to compound the matter...........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - When parties to lis in a prosecution u/s 138 of the Act had arrived at a compromise, usual and normal method is to file a compounding petition either u/s 320 Cr.P.C or u/s 147 of N.I. Act or both...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 406 -- Dishonour of cheque - Jurisdiction of Court - Transfer of case - Mere fact that another Court might also be empowered to take cognizance of matter u/s 142 of N.I Act since the cause of action arose within that jurisdiction, cannot by itself be a ground for seeking transfer u/s..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Examination of two witnesses - Application filed on the ground that loan was advanced to accused in the presence of two witnesses - However, since the very beginning complainant was aware of the fact that he had given loan to accused in the presence of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Re-examination of complainant - Complainant had been cross-examined at length and petitioner had been afforded sufficient opportunities to lead his evidence - Petitioner had failed to establish as to how re-examination of complainant was going to the root of..........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit 20% of cheque amount - Appellate Court failed to consider whether case falls under an exception or not to impose conditions as prescribed u/s 148 of N.I. Act - Impugned order set aside - Application u/s 389..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Petitioner willingly paid amount of Rs.1 lakh to complainant - Complainant was permitted to withdraw complaint and accused was acquitted - Accused filed application for refund of amount deposited - There was no condition precedent that in the event of..........
Evidence Act, 1872, Section 138, Criminal Procedure Code, 1973, Section 161 -- Cross examination - Confronting witness with his statement recorded u/s 161 Cr.P.C. - Confronted portion reproduced in brackets - Such marked portion must be proved through I.O. - Unless such marked portion is duly proved, it cannot be reproduced in the deposition of witnesses...........
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 - When an application is filed by appellant u/s 389 Cr.P.C. for suspension of sentence, it is presumed that he is seeking suspension without any..........
