Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant has no objection in compounding the offence - Matter is thus, ordered to be compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - High Court is not precluded from compounding the offence in the absence of consent of complainant where complainant is duly compensated as S.138 of NI Act does not provide that it is mandatory for Court to sentence accused for imprisonment in all eventualities but there is..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Accused is 52% handicapped and has deposited in Court 10% over and above amount of compensation - Complainant is compensated adequately - Substantive sentence of imprisonment imposed upon accused is not necessary - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Provision of S.142(b) of the Act cannot be considered to be effective with retrospective effect...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque was given by accused to complainant for collateral security not as discharge of any debt or other liability - Conviction and sentence rightly set aside...........
Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Signatures admitted - Plea of misuse of blank cheques - Bald assertion of misuse of blank cheques, in the absence of cogent rebuttal, cannot be accepted - Accused failed to rebut presumption u/s 139 of the Act - Accused rightly convicted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Matter has been amicably settled between parties - Offence in question ordered to be compounded subject to payment of 10% of cheque amount as compounding fee by accused...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Amendment of complaint - Amendment to add name of applicant No.3 in the cause title without any amendment in body of complaint - Name of applicant No.3 was not mentioned in cause title though there were specific averments against him also - Since no prejudice was caused therefore there was no illegality..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Quashing of proceedings - Specific averments in complaint regarding responsibility of both the accused in firm - There were sufficient grounds to proceed against accused at the stage and order was passed u/s 204 Cr.P.C - No interference warranted by exercising jurisdiction to quash the proceedings at..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Matter was already at the stage of cross-examination of complainant - Necessary affidavit was produced on record - Documents were exhibited and part of cross-examination was taken - Trial Court rather than dismissing..........
