Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to condition to deposit 20% amount of compensation - Rule to deposit 20% of compensation amount at appellate stage is not an absolute rule but can be accommodate exceptions in exceptional..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence during pendency of appeal - (i) Appellate Court can order appellant to deposit a portion of fine or compensation or to waive such deposit and to furnish reasons for its decision; (ii) Such deposit cannot be less than an amount equivalent to 20% of the fine or compensation;..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Proof - Friendly loan advanced in the presence of one `S' who is not examined as a witness - It does not appeal to prudence that complainant who was a teacher, drawing a salary of Rs.17,000/- per month would have advanced a friendly loan of Rs.Two lakhs, without any receipt or even..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Power to record additional evidence u/s 391 Cr.P.C. should only be exercised when the party making such request was prevented from presenting the evidence in the trial despite due diligence being exercised or that the..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Accused has already undergone jail sentence of about 23 days out of 6 months - Incident took place in the year 2008 - Accused was on bail during trial, appeal and revision and he did not misuse the liberty - No purpose would be served sending accused to jail after such long..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - If two views are possible on the basis of evidence on record and one favourable to accused has been taken by trial Court, it ought not to be disturbed by Appellate Court...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(2) -- Dishonour of cheque - Appeal against acquittal - Appeal lies to High Court u/s 378(4) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Complainant filed an application u/s 311 Cr.P.C to prove his income tax returns - Though application was filed u/s 311 Cr.P.C, however, application is in the nature of additional evidence and will properly fall u/s 391..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Suspension of sentence subject to deposit of minimum of 20% of compensation/fine amount - Accused was suffering from financial hardship and is unable to pay minimum of 20% of fine or compensation - He is willing to actively co-operate for speedy disposal of appeal - Insistence of payment of 20% of..........
