Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - Cheque amount paid by accused to complainant and compromise arrived at between parties which is voluntary and without any pressure or coercion - Complainant has no objection if matter is compounded and impugned judgment of conviction and sentence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Dismissal of application u/s 311 Cr.P.C. - As per evidence on record, case is pending for defence evidence for last 5 years - Even, CW-1 was duly cross-examined by petitioner/accused - Therefore, accused cannot be allowed to recall witness to fill up lacuna,..........
Criminal Procedure Code, 1973, Section 133(1), 138 -- Public nuisance - Site inspection by Assistant Collector or Magistrate cannot be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C. - Report of Secretary of Grama Panchayat or the Pollution Control Board cannot also be a substitute for taking evidence as mandated u/s 138(1) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 420, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Cheating - Quashing of FIR - Allegations in FIR clearly refer malafide intention on part of petitioner - Even, when he was fully aware that he has closed his account, then why he has issued cheque - Hence, mens rea was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Compensation - Sentence of fine set aside as compensation can only be granted when there is no sentence of fine - Compensation granted at the rate of 9% per annum on total amount of cheques from the date of filing of complaint before the trial Court...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 470 -- Dishonour of cheque - Complaint represented beyond 30 days fixed by Supreme Court following decision of Supreme Court in Dashrath Rupsingh Rathod's case - Condonation of delay - Position as clarified in the N.I. Amendment Ordinance 2015 (No.6 of 2015), petitioners can be..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offences at the instance of accused without de facto complainant ready to compound - Petition is nothing but an abuse of process, as such, is liable to be dismissed at the threshold...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Additional evidence sought in the form of certificate with a further prayer for examining the witnesses of said certificate - Certificate sought to be produced, if established and proved in accordance with law, will change entire..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 311 -- Dishonour of cheque - Additional evidence - Source of income - It is a relevant question in the complaint u/s 138 of the Act - Production of agreement to sell by way of additional evidence to show source of money - Held, production of this evidence will certainly assist Court to..........
Negotiable Instruments Act, 1881, Section 138, 139, Criminal Procedure Code, 1973, Section 378 -- Dishonour of cheque - Appeal against acquittal - It would not be open to Court to set aside acquittal unless judgment of acquittal under appeal appears to be perverse or based on misappreciation of evidence...........
