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 - Petitioner is a woman suffering from ill-health since the onset of COVID-19 pandemic and is unable to procure 20% of cheque amount which is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company will be the complainant and for the purposes of Section 200 of the Cr.P.C., its employee who represents the company, will be the de facto complainant while the company will remain the de jure complainant, regardless of any change in the de facto complainant - A perusal of the complaint..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Accused did not put his appearance before Appellate Court even after issuance of arrest warrant against him - Plea of counsel of accused that he did not get opportunity of hearing in appeal, is wholly misconceived and not acceptable - Appeal rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Offence by Company - Signatory of cheque authorized by Company is not a `drawer of the cheque' u/s 148 of the Act, so as to empower the Appellate Court, in an appeal against conviction for an offence u/s 138 of the Act, to direct to deposit compensation of any sum u/s 148(1) of the Act...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Appeal against conviction - Appellate Court in an appeal against conviction u/s 138 of the Act, could not place a condition to deposit an amount invoking the power u/s 148(1) of the Act, mechanically without considering whether the case falls within exceptional circumstances...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - Enhancement of sentence - S.386(b)(iii) Cr.P.C expressly bar the appellate Court from enhancing the sentence in an appeal filed by accused from a conviction...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386(b)(iii) -- Dishonour of cheque - Appeal against conviction - In an appeal from conviction, appellate court may reverse the finding and sentence and acquit or discharge the accused or order him to be re-tried by a Court of competent jurisdiction subordinate to such appellate Court or..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 402 -- Dishonour of cheque - Conviction - Appeal by accused in Court of Sessions - Complainant filed revision petition before High Court - Revision petition filed in High Court ordered to be transferred to Court of Sessions...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Dismissal of appeal - Non-appearance of appellant/accused - Appeal dismissed, as there was no representation for appellant on the date of hearing of appeal - Dismissal of criminal appeal in default cannot be legally sustained and as such, same is liable to be set aside -..........
