Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused convicted and also saddled with compensation of Rs.50, 000 to be payable to the complainant within two months, failing which to undergo SI for three months - Petitioner failed to pay compensation within stipulated period - Held, petitioner not necessarily to undergo imprisonment imposed under..........
Criminal Procedure Code, 1973, Section 269(c), 357 -- Illegal Detention - Compensation - Petitioner detained in jail, despite grant of bail - Actual compensation for which the petitioner is entitled cannot be determined in this writ petition, as the same would require recording of evidence and the petitioner can claim the same by filing appropriate proceedings before the..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Accused sentenced and directed to pay compensation u/s 357 (3) of the Code - Accused faced rigorous of criminal prosecution for the past six years and served out of the substantive sentence of imprisonment for 39 days - Substantive sentence reduced to one only..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- (2) -- Dishonour of cheque - Conviction - Appeal - Suspension of sentence - Condition of deposit of 50% compensation amount - Legality of - Lower appellate court while suspending sentence and fine has directed revisionist to pay 50% of compensation that was awarded - Held, case is..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2), 357(3) -- Dishonour of cheque - Fine can be extended to twice the amount of cheque - However, in view of limitation prescribed u/s 29(2) Cr.P.C. trial Court should not award sentence of fine of more than Rs.5, 000/- - In such a situation Magistrate can alleviate the grievance of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Sentence of imprisonment only - Revision against inadequacy of sentence - Revisional Court when finds that sentence is insufficient and the sentence awarded is illegal, then it can award compensation even if there is no alteration of the substantive..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Cheque amount Rs.50, 000/- - Accused sentenced and convicted to 8 months SI - In revision accused ready to deposit the amount - Request allowed - In the matter of dishonour o cheque, compensatory aspect remedy shall be given preference than the punitive aspect..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357 -- Dishonour of cheque - Conviction and sentence - Compensation - Default sentence in case of failure to pay compensation amount - Held, a sentence of imprisonment can be granted for default in payment of compensation awarded under S.357(3) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3) -- Dishonour of cheque - Conviction and sentence - Compensation - Default in payment of compensation - Default sentence - Held, it is imperative for the Courts to look at the ability and the capacity of the accused to pay the compensation amount otherwise the very purpose of..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431, 421 -- Dishonour of cheque - Compensation - Non payment - Recovery - An order of compensation u/s 357(3) will be recoverable in the same way as if it were a fine...........
