Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Modification of sentence - Compensation in lieu of sentence - Accused already deposited compensation amount of Rs.2.45 lakhs and also deposited further amount of Rs.1 lakh as directed by Supreme Court - Only sentence of S.I of 3 months left to be complied with in terms of decision of Trial Court -..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Amendment of complaint to make correction in the cause title of complaint - Application dismissed - Correction sought in the cause title of complaint to be specific in the name of accused - Omission to mention name in the complaint exactly as given in the bank..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Company or firm not impleaded as accused - Cheque was given by accused to complainant for covering its personal liability - Commercial institution/establishment as such not required to be impleaded as a party/accused in complaint...........
Civil Procedure Code, 1908, Order 37, Rule 3 -- Summary suit for recovery - In case of cheque, until and unless cheque is dishonored, plaintiff cannot maintain a suit U.O.37 CPC...........
Civil Procedure Code, 1908, Order 37, Rule 3(5) -- Summary suit for recovery - Leave to defend - Suit based on dishonoured cheque of Rs.15 lakhs - Three payments were made by defendant after issuance of cheque - There is mere bald denial of receipt of these payments and effect thereof is not clear - Plaintiff does not say that despite said three payments being made, amount..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant - Accused remained dormant for a considerable period despite appearance of complainant, as such, Court cannot excuse deliberate omission of accused - However, for doing real and substantial justice qua both parties, High Court permitted accused to..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to deposit said amount...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Compromise - Direction to deposit 10% of cheque amount - Thereafter complainant expressed that he does not desire verification of compromise and sought to withdraw the complaint - Compromise has never been acted upon - However, Court observed that compromise has been acted upon as such complainant was..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 391, 397, 401 -- Dishonour of cheque - Conviction - Dismissal of application for additional evidence at appellate stage - Revision thereagainst also dismissed - Appellate Court was required to dispose of appeal on merits and could not have remanded the case to the trial Court - Impugned..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 65 -- Dishonour of cheque - Summons - Notice of appeal not accepted by accused - All possible tactics are adopted by accused to delay the matter by avoiding services - Exercise of power u/s 65 Cr.P.C which necessitates direction from Court to affix notice/summons on address of accused,..........
