Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 70 -- Dishonour of cheque - Non-bailable warrants issued against accused for procuring his presence - Accused is ready and willing to surrender/submit himself to jurisdiction of trial Court, but for having apprehension of arrest he has been constrained to approach Court - Non-bailable..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have amicably settled and resolved all their disputes - There is no legal impediment in compounding of offence - Conviction and sentence set aside subject to condition that accused shall deposit 10% of cheque amount...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Grant of interim compensation is a discretionary power of Court - Order has to be based on reason and logic...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Court has to spell out the reasons for grant of interim compensation in favour of complainant and it has also to justify its order with reasons the quantum of interim compensation that is being awarded by it...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Order can be challenged u/s 482 Cr.P.C. even though remedy of revision is available...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Appeal against conviction - Order to deposit 20% of compensation amount within a period of 30 days - Appellate Court is under mandate to allow a period of 60 days for depositing amount as required u/s 148(1) of the Act - Impugned order set aside to the extent that accused was afforded only a period..........
Negotiable Instruments Act, 1881, Section 138, 50 -- Dishonour of cheque - Endorsement on cheque - Disputed cheque did not contain a valid endorsement as required u/s 50 of the Act - Mere signature of holder on back side of cheque in question is not enough to held holder in due course - Complaint not maintainable - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 439 -- Dishonour of cheque - Bail - Complainant was not alive on the date of passing impugned orders of rejection of bail - Such orders could not have been passed as complaint itself had abated - Impugned orders of rejection of bail not legally sustainable and thus, set aside...........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Registration of FIR u/s 174-A IPC - Complaint u/s 138 of N.I. Act withdrawn as parties compromised the matter - Continuation of FIR u/s 174-A IPC is nothing but an abuse of process of law, once main dispute between parties has already ended -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Account dormant - When cheque is dishonoured with endorsement `account dormant' it means `account inactive' for want of funds and same would attract an offence u/s 138 of the Act...........
