Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 258 -- Dishonour of cheque - Accused ready to pay - Dropping of proceedings without consent of complainant - Where an appropriate amount is offered/deposited, Court may consider dropping the proceedings by taking into consideration, objections if any, without obtaining consent of..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without affording any opportunity to accused and without giving any reason for awarding 10% of interim compensation - Impugned order does not disclose any application of mind and it straightaway directed accused to deposit 10% of cheque..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148 -- Dishonour of cheque - Suspension of sentence subject to deposit of 20% of compensation amount - No perversity in discretion exercised by first appellate Court - Impugned order calls for no interference...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Fact regarding delivery of goods under two invoices and issuance of two cheques is proved directly and also proved by corresponding ledger entries - Payment of Rs.7 lakhs towards part payment of goods sold under said two invoices is an undisputed fact - Defence taken by accused that goods..........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order of interim compensation passed without hearing accused - Impugned order set aside - Matter remanded...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - When accused does not plead guilty, he does not automatically become liable to pay 20% of cheque amount as interim compensation - Court has to record reasons for determining quantum of compensation...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appellate Court enhanced compensation without giving opportunity of being heard on question of enhancement - Impugned order of enhancement of compensation set aside - Matter remitted...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Appeal - It is mandatory on part of Trial Court as well as First Appellate Court to impose interim compensation payable by accused persons while challenging case and judgment of sentence in appeal...........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Suspension of sentence during pendency of appeal subject to deposit of 20% of fine amount as interim compensation - Release of amount of interim compensation to complainant - Refused on the ground that it will not only cause hardship to accused but also lead to multiplicity of litigation -..........
Negotiable Instruments Act, 1881, Section 138, 143A, 148(3) -- Dishonour of cheque - Appeal - It is mandatory on part of Trial Court as well as First Appellate Court to impose interim compensation payable by accused persons while challenging case and judgment of sentence in appeal...........
