Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Director playing active role in day to day business of the company - Such director is liable as per S.141 of the Act - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Financial assistance - Failure to show if any sum was advanced towards financial assistance - Cheque amount not reflected in complainant's balance sheet - Other partners of firm did not depose as prosecution witnesses to establish that cheque amount was advanced to accused as financial assistance -..........
Negotiable Instruments Act, 1881, Section 138, Evidence Act, 1872, Section 65 -- Dishonour of cheque - Secondary evidence - Photocopy of legal notice - Secondary evidence of photocopy of legal notice allowed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Accused must try for compounding at the initial stages - However, there is no bar to seek compounding of the offence at later stages of criminal proceedings including after conviction...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Mere repayment of the amount cannot mean that accused is absolved from the criminal liabilities u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Quashing of a case is different from compounding...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding - Accused in jail for more than one year before being released on bail and has also compensated the complainant - Complainant in compliance of the order has also deposited an additional amount of Rs.10 lakhs - There is no purpose now to keep the proceedings pending in appeal before..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 202 -- Dishonour of cheque - Summoning of accused - Without conducting an inquiry u/s 202 Cr.P.C - Affidavit not filed in lieu of enquiry - Summoning order quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Closure of account - Civil Court finding that cheque in question was only for purposes of security - Criminal proceedings under the Act unsustainable - Conviction set aside...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 427 -- Dishonour of cheque - Conviction in 3 cases - Concurrent running of sentences - First conviction of accused recorded in the year 2022 and thereafter he was convicted and sentenced in two cases in the year 2023 - Appeal filed by accused against conviction are pending - Having regard..........