Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled amicably - Entire amount of compensation stands paid or agreed to be paid to complainant - Complainant had no objection in compounding the offence - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise - Offence u/s 138 of the Act can be compounded as complainant agreed that on account of precarious financial condition of accused, he is ready to accept the amount of Rs.25000/-, which he has already received - Offence compounded - Conviction and sentence set aside - Accused acquitted...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Direction to remit the amount of fine in the trial Court - However, entire amount of compensation paid to complainant - There is substantial compliance of the direction - Court below directed to make necessary entry in the fine register recording the factum of settlement between the parties, as if fine..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Presumption - Non-examination of accused himself as a witness and no cross-examination made on behalf of accused - Not sufficient enough to rebut presumption available to complainant...........
Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Offence by company - Summoning order set aside by revisional Court - It is apparent that a basic averment that respondent no.2 was responsible to accused company for its day-to-day affairs has been clearly made - However, no material is placed on record,..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Offence by Company - Allegation against director of Company - Quashing of complaint - Specific allegations were levelled against accused - It was averred that accused being a Director was in charge of financial decision making of company and he had agreed to guarantee repayment of all amounts payable by..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Accused has succeeded in rebutting presumption, showing preponderance of probability and hence onus shifts upon complainant to prove otherwise, however complainant has failed to prove that cheque was drawn towards legally enforceable debt - Inference of preponderance of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compounding of offence - Once parties have amicably resolved their dispute and complainant has already stated before Court that his claim has been satisfied to his satisfaction and he has no objection to prayer of accused for compounding of offence - Offence..........
Indian Penal Code, 1860, Section 304(Part II) -- Offence u/s 304(Part II) IPC - It is clear from evidence on record that there was a dispute with regard to pathway - Incident occurred in a sudden quarrel on the day of occurrence without any pre-mediation or preplanned manner - Accused filed a civil suit and obtained injunction orders and inspite of the same, for violation..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Issuance of cheque and signature of accused in cheques are not in dispute - Cheques came to be issued on account of cancellation of sale agreement and therefore, initial burden is discharged by complainant by placing necessary oral and documentary evidence on record - Trend to cross..........
