Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Granted on the ground that disposal of case would take considerable time - Nothing mentioned about conduct of accused as a reason for grant of compensation - Impugned order set aside - Matter remitted for reconsideration...........
Negotiable Instruments Act, 1881, Section 138, 143A -- Dishonour of cheque - Interim compensation - Conduct of accused is a relevant factor for grant of interim compensation - Such reason should be mentioned in the order as it is only then that such an order will become an order bearing application of mind...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Legally enforceable debt - Cheque drawn for purpose of securing job - Cheque issued for illegal contract - Cheque drawn not in support of any debt or liability as such same is not legally enforceable - Accused rightly acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Cheque dishonoured due to closure of account - It is an offence u/s 138 of the Act - Order taking cognizance is proper...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint for want of prosecution - Perusal of order shows that on each date of hearing petitioner was represented by his counsel and on 18.11.2019, petitioner himself was appeared before trial Court - But non-appearance of petitioner or his..........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Matter between parties settled - 5% of cheque amount has already been deposited by accused as compounding fee as per directions of Court - Conviction and sentence set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 386 -- Dishonour of cheque - Appeal against conviction - In an appeal preferred by accused person sentence cannot be enhanced...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Sentence - Transaction in question alleged to have taken place in the year 2007 - Accused had become financially poor, lost his business and struck with poverty - Period of sentence imposed on accused i.e 1 year S.I is thus, modified to 6 months S.I with fine of Rs.5000/- in default of 1 month S.I...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Works contract - Cheque of Rs.10 lakhs issued towards part payment of Rs.83.90 lakhs - Cheque returned on technical grounds - Cheque amount transferred through RTGS on the same day - No material placed on record that an amount of Rs.83.90 lakhs was due for payment and cheque was re-presented towards..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 389 -- Dishonour of cheque - Suspension of sentence during pendency of revision - Accused is voluntarily ready to pay amount of Rs.3.30 lakhs to complainant - Sentence of accused suspended till final disposal of revision...........
