Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Cheques were issued on 5.12.2011 for an amount of Rs.13,50,000 - However, a period of more than 13 years has elapsed since then, but despite the reference of matter four times for mediation, petitioners were unable to settle the same and even after time was taken from High..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Order to deposit compensation amount - Requirement to deposit compensation amount as a condition for appeal is generally mandatory u/s 148 of the Act emphasizing its status as a rule...........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit compensation amount - Appellate Court holds the discretion to waive condition only in exceptional circumstances - Such circumstances must be demonstrated through compelling and substantiated material provided by appellant - In the absence of such cogent material, it..........
Negotiable Instruments Act, 1881, Section 138, 148 -- Dishonour of cheque - Waiver of condition to deposit 20% of compensation amount - Ground that petitioners are facing financial difficulty cannot be said to be a ground sufficient enough for carving out an exception from the mandate contained in S.148 of the Act - Imposition of condition of deposit of 20% of amount of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 372 -- Proviso - Dishonour of cheque - Appeal against acquittal - Complainant in a case u/s 138 of Negotiable Instruments Act is entitled to maintain an appeal against acquittal even without seeking leave of Court...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Limitation - Judgment of trial Court delivered on 23.8.2024 - Appeal filed on 29.10.2024 is within time...........
Negotiable Instruments Act, 1881, Section 138, 141, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528 -- Dishonour of cheque - Offence by Company - Quashing of summoning order - Once cheques stood drawn on behalf of company, arraigning of Company as an accused is imperative - However, since there is no recital regarding compliance of S.138 r/w S.142 of the N.I. Act..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Condonation of delay in filing complaint - Filing of application for condonation of delay is statutory mandate - Reasons for delay should be disclosed - Court to consider reasons disclosed independently and to come to a judicious conclusion that in the facts and circumstances of the case..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Dismissal of complaint in default - Appellant and his counsel diligently and sincerely attended Court on multiple occasions - Merely on few occasions, if both are absent that by itself would not be sufficient to pass order of dismissal for non-prosecution and..........
Negotiable Instruments Act, 1881, Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 447(2) -- Dishonour of cheque - Transfer of complaint - Apprehension that presiding officer is biased - Allegations are speculative and unsupported by any substantive material - Rather than indicating a real likelihood of bias, they reflect an attempt to delay proceedings -..........
