Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Eight cheques issued - Case closed - All eight cheques dishonoured - The only option available to the complainant is to file execution case before the same Judge for execution of the order in terms of compromise for recovery of amount mentioned in the cheques - Court ought to register a..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Offence under the Act cannot be equated with an offence punishable under IPC or other criminal offences since such offence is almost in the nature of civil wrong - Taking into consideration this aspect and age, occupation and past records of accused, sentence awarded to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quantum of sentence - Accused is a woman and a senior citizen - She has already deposited fine amount of Rs.9 lakh - Considering age of accused and fact that fine amount has already been deposited by her in full, sentence of accused modify to fine of Rs.9 lakhs...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Bail during pendency of appeal - Condition to deposit 1/4th of compensation amount as awarded by trial Court, as a condition precedent for being released on bail pending disposal of appeal - Appellate Court u/s 148 of N.I. Act cannot pass an order directing..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Basic ingredients of offence u/s 138 of the Act is satisfied - There is no scope for re-appreciation of evidence in revisional jurisdiction and coming to a different finding in absence of any perversity - Conviction held, proper - However, sentence of accused is modified by limiting it to..........
Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320(2), (6), (8) -- Dishonour of cheque - Compounding of offence - Parties arrived at a settlement in terms of joint memo - Both the parties and their respective counsels have subscribed their signatures - Accused has deposited 75% of fine amount - He filed no objection for..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Object of Chapter XVII of the Act is not only punitive but also compensatory and restitutive - Provisions of the Act envision a single window for criminal liability for dishonour cheque as well as civil liability for realisation of the cheque amount - There needs to be a consistent..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compensation - Object of Chapter XVII of the Act is not only punitive but also compensatory and restitutive - Provisions of the Act envision a single window for criminal liability for dishonour cheque as well as civil liability for realisation of the cheque amount - There needs to be a consistent..........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Hand loan - Presumption u/s 139 of the Act - Complainant shown his capacity to advance hand loan of Rs.80,000 to accused - Factum of giving loan stands established from complaint and deposition of complainant - Complainant thus, proved beyond reasonable doubt that disputed cheque was issued by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Complainant stated that accused borrowed money from him and cheques issued for discharge of debt - Oral evidence adduced by DW1 is not sufficient to prove plea of discharge advanced by him - Accused failed to prove in trial by leading cogent evidence that there was no debt or liability - Burden upon..........
