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, 147 -- Dishonour of cheque - Compounding of offence - Parties have voluntarily settled the disputes between themselves - Compromise between parties is already on record - It is thus, a fit case for allowing them to compound the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Conviction - Suspension of sentence with condition to deposit 20% of amount as compensation - Where a conditional order of suspension of sentence has been passed by appellate Court, on non-fulfillment of condition, suspension order can be vacated - Impugned..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter between parties amicably settled - Conviction and sentence set aside - Accused acquitted subject to deposit of 15% of cheque amount with H.P. State Legal Services Authority...........
Negotiable Instruments Act, 1881, Section 138, 148, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence with condition to deposit part of compensation - Non deposit - Suspension will either automatically be vacated, if provided in the order or said suspension can be vacated - To say that such amount can be recovered as fine would lead..........
Negotiable Instruments Act, 1881, Section 138, 148, 143A -- Dishonour of cheque - Suspension of sentence - Order to deposit 20% of compensation amount - Procedure for recovery of fine or compensation from accused in pending appeal already existed in Cr.P.C even before adding S.148 of the Act - Therefore, no new aspect of coercive recovery of fine or compensation from..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused already handed over amount ordered to be paid by Court to complainant - Offence in question liable to be compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved to settle dispute inter se amicably - Accused has deposited Rs.5 lakh with trial Court in terms of order of Court - Entire amount of compensation stands paid to complainant - Prayer for compounding of offence can be accepted even after recording of..........
