Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation i.e Rs.2,30,000 as awarded by trial Court had been paid by accused to complainant - Complainant has no objection in compounding the offence - Offence compounded - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Reduction of compounding fee - Cheque amount is of Rs.2 lakh - Matter between parties ordered to be compounded - Since accused is a poor person, he is directed to deposit token compounding fee of Rs.5000/-...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter has been settled between parties and complainant has no objection in compounding the offence - Accused already deposited the entire amount of compensation - Offence ordered to be compounded - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Reduction of compounding fee - Matter between parties ordered to be compounded - Since accused is a poor person, he is directed to deposit token compounding fee of Rs.2500/-...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Partnership firm - Liability of partner of Firm - Specific allegations against accused that he was incharge of and was responsible for affairs of firm for conduct of business affairs of firm - Plea of partner that he already retired from firm - This fact has to be proved during trial - Quashing of..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was not presented for encashment within stipulated six month period as outlined by S.138 of the Act - More so, evident alteration of cheque's date undermines complaint's viability, irrespective of whether original or altered date is taken into consideration - Complaint not maintainable...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391 -- Dishonour of cheque - Additional evidence at appellate stage - Evidence produced by accused has no bearing on the merits of case - Accused even cannot deny the fact that though defence evidence was closed by trial Court but revisional Court granted three opportunities to accused to..........
Negotiable Instruments Act, 1881, Section 138, 145(2) -- Dishonour of cheque - Cross-examination of complainant - S.145(2) of the Act nowhere contemplates that application should be elaborate with details as to on what points accused is to cross-examine complainant - It would be contrary to canons of criminal jurisprudence to deny right to defend and to expect opening of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Inquiry u/s 202 Cr.P.C - Evidence of witnesses on behalf of complainant shall be permitted to be taken on affidavit for conduct of inquiry u/s 202 Cr.P.C. - In suitable cases, Magistrate can restrict inquiry to examination of documents without insisting for..........
Negotiable Instruments Act, 1881, Section 138, 142(a) -- Dishonour of cheque - Locus standi - Complaint at the instance of third party who is neither a payee nor a holder in due course is not maintainable, as he has no locus standi to prosecute accused in terms of S.142(a) of the Act...........
