Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Parties have settled the dispute and complainant has accepted the sum towards full and final settlement of dispute on the satisfaction of complainant - Conviction and sentence set aside - However, since compromise has been arrived at after rejection of appeal against conviction..........
Evidence Act, 1872, Section 138 -- Cross examination of witness exceeded 12 hours - Extension of time for further cross examination - Tribunal held that full and sufficient opportunity to cross examine witness is already given and no further extension of time is warranted - There is no justification in the order passed by High Court in interfering with the directions of..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 174A -- Dishonour of cheque - Proclaimed offender - Quashing of FIR u/s 174-A IPC - Appellant has been acquitted in proceedings u/s 138 of N.I. Act - Money subject matter of dispute stands paid - All criminal proceedings, inclusive of FIR u/s 174-A IPC, shall stand closed - Appellant's status,..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Mandatorily required averments - Missing in the complaint - Complaint quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Petitioners were sentenced to a period of one year S.I. - Both the petitioners have undergone more than one year in custody out of total sentence and also suffered agony and trauma of protracted trial - Sentence awarded to petitioners reduced to period already undergone by them -..........
Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Transfer of complaint - Cheque was presented at Bank located at place `R' and same was dishonoured for want of funds - Complaint filed before Court at place `R' - Therefore, no case is made out for transfer of complaint u/s 138 of the Act - Petitioner can always apply for grant of exemption for..........
Evidence Act, 1872, Section 137, 138 -- Cross examination - Closure of right - Petitioners were afforded ample opportunities to cross-examine the witness - There was no plausible reason available for petitioner's counsel for not cross-examining the witness - Opportunity to cross-examine the witness has rightly been closed by trial Court and appellate Court - No..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against conviction - Accused did not put his appearance before Appellate Court even after issuance of arrest warrant against him - Plea of counsel of accused that he did not get opportunity of hearing in appeal, is wholly misconceived and not acceptable - Appeal rightly dismissed...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - College cannot be equated to a Company or a partnership firm in order to hold Principal of college, who is authorised signatory of cheque, vicariously liable on behalf of collage...........
Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Vicarious liability - Concept of vicarious liability as contemplated u/s 141 of the Act, cannot be imported in cases which does not fall within ambit of Company or a partnership Firm...........
