Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 257 -- Dishonour of cheque - Withdrawal of complaint - Compromise - Complainant received full cheque amount from accused in full and final settlement of all liability in relation to dishonoured cheque in question - Stand taken by trial Court in refusing to give permission to complainant..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Conviction - Compromise - Parties amicably settled their dispute - Memorandum of settlement is on record - Parties directed to abide by terms and conditions as contained in said Memorandum of Settlement - Conviction and sentence of accused set aside...........
Negotiable Instruments Act, 1881, Section 138, General Clauses Act, 1897, Section 25 -- Dishonour of cheque - Recovery of fine - No provision in N.I.Act which regulates the manner and methodology for recovery of fines, etc. - Going by the mandate of S.25 of General Clauses Act, provisions contained in Ss.63 to 70 IPC, will also regulate matters regarding recovery of fine..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 357(3), 431(1), 421(1) -- Dishonour of cheque - Recovery of unpaid compensation - Where accused already suffered default sentence for offence punishable u/s 138 of the Act and he has not paid compensation amount payable in terms of S.357(3) Cr.P.C., then the same is recoverable as fine in..........
Negotiable Instruments Act, 1881, Section 138, Indian Penal Code, 1860, Section 70 -- Dishonour of cheque - Recovery of fine - Maximum sentence that can be imposed for offence u/s 138 of N.I.Act is 2 years - Fine or any part thereof, if remains unpaid may be levied at any point within a period of 6 years after passing of sentence, going by provisions contained in S.70 IPC...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Income tax returns - Photocopies - Showing advancement of loan and name of accused mentioned therein - Accused cross examined complainant with regard to income tax returns - Income tax return put to accused in his statement u/s 313 Cr.P.C. and he simply stated that these are fake documents -..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan - Failure to give specific date of advancement of loan - Not a sole ground to dismiss the complaint when accused admits issuance of cheque and his signatures on the same...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 29(2) -- Dishonour of cheque - Sentence of fine - Power of Magistrate - Magistrate at the relevant time in 1999 had no jurisdiction to impose a fine exceeding 5000 in view of limitation u/s 29 Cr.P.C. - It is only later in 2003, provisions contained in S.138 of N.I.Act was amended that..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summons case - Magistrate failed to record statement of accused u/s 313 Cr.P.C again after examining third witness and after hearing parties proceeded to convict and sentence accused - Mandatory provision is thus, not complied with - Appellate Court rightly set aside conviction and sentence of accused -..........
Evidence Act, 1872, Section 45, Negotiable Instruments Act, 1881, Section 138 -- Expert opinion - Dishonour of cheque - Determination of age of handwriting and age of signatures - As of now there are no scientific and technical facilities available in India to scientifically determine age of the handwritings and signatures in a cheque - No useful purpose would be subserved..........
