Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - During pendency of revision petition matter has been compromised between the parties - Complainant has no objection if petitioner is acquitted - Held, offence liable to be compounded - Conviction and sentence awarded by trial Court set aside - Petitioner acquitted -..........
Negotiable Instruments Act, 1881, Section 138, 142(b) -- Dishonour of cheque - Complaint - Delay - Condonation - Opportunity of hearing must be given to accused before condoning delay - Impugned order passed, condoning delay, without issuing notice of application for condonation of delay to accused, set aside...........
Negotiable Instruments Act, 1881, Section 138, 142(2) -- Dishonour of cheque - Complaint - Condonation of delay - Delay can be condoned only after giving an opportunity of hearing to the accused - If application is allowed only then Magistrate has to proceed further on the question as to whether accused is to be summoned or not...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Sought on ground that it was admittedly barred by time and delay was condoned without issuing notice to accused/petitioner - Held, impugned order liable to be set aside - Magistrate shall give an opportunity to accused/petitioner before..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 406, 420, 34 -- Dishonour of cheque - Quashing of complaint - An FIR registered u/ss 406, 420, 34 of the IPC for the alleged dishonour of cheque - Subsequent prosecution u/s 138 of N.I. Act - Accusation made against petitioner that cheque dishonoured on account of insufficient funds -..........
Negotiable Instruments Act, 1881, Section 138,139,141 -- Dishonour of cheque - Company - Accused took loan and four Directors issued cheque in discharge of liability which was dishonoured - No material on record evidencing either payment of loan amount or mode of payment - No evidence produced that cheque was issued in discharge or loan liability - Company and its Managing..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Accused facing trial u/s 138 NI Act - After about 8 months, accused filed petition for quashing - Trial at the verge of completion - Petition dismissed - Held, petitioner can take all points taken in petition before trial court at the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction and sentence - Compensation - Default sentence in case of failure to pay compensation amount - Held, a sentence of imprisonment can be granted for default in payment of compensation awarded under S.357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction and sentence - Compensation - Default in payment of compensation - Default sentence - Held, it is imperative for the Courts to look at the ability and the capacity of the accused to pay the compensation amount otherwise the very purpose of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, 421 -- Dishonour of cheque - Compensation - Non payment - Recovery - An order of compensation u/s 357(3) will be recoverable in the same way as if it were a fine...........
