Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of Cheque - Compounding of offence - Controlled by independent provision of S.147 of N.I. Act and is not contingent or dependent on provisions/scheme contemplated u/s 320 Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4), 401(4) -- Dishonour of cheque - Acquittal - It is special leave to appeal and not revision which is maintainable against order of acquittal...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Provision of S.202 Cr.P.C. is not applicable to complaint filed u/s 138 of Act...........
Criminal Procedure Code, 1973, Section 133, 137, 138 -- Proceedings u/s 133 Cr.P.C. - Once respondent appeared and filed objections denying the existence of pubic right, duty is cast on SDM to conduct enquiry u/s 137 Cr.P.C. and to record finding as towhether denial of public right is bona fide or not - If SDM is satisfied that denial is bona fide and dispute has to be..........
Criminal Procedure Code, 1973, Section 133, 137, 138 -- Conditional order u/s 133 Cr.P.C. - SDM without following the procedure u/ss 137, 138 Cr.P.C. passed the order - Court below has not considered the procedural irregularities committed by SDM which goes to root of matter - Even objection raised by petitioner has not been considered - SDM had not applied hismind before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - When sentence of fine is imposed then Court has no authority to order compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 265E(a), 265E(b), 265E(c), 265E(d), 265E(e) -- Dishonour of cheque - Plea of bargaining - Offences u/s 138 of NI is not covered by S.265(E) clauses (a) to (c) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Dishonour of cheque - Appeal against acquittal - S.378(4) Cr.P.C. would apply not only to an original order of acquittal in a case of complaint but also to an order of acquittal passed by Sessions Court in appeal - Nothing in S.378(4) Cr.P.C. to limit its application only to..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 401(5) -- Dishonour of cheque - Revision against acquittal - S.401(5) Cr.P.C. permits High Court on its satisfaction about interest of justice to treat the application of revision as petition of appeal and deal the same accordingly - Any appeal against an order of acquittal is permissible..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 378(4) -- Appeal against acquittal - Complaint u/s 138 of N.I. act dismissed by trial court - Leave to appeal against order of acquittal passed by trial court lies before High Court u/s 378(4) of CrPC and not before Sessions Court...........
