Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Dispute between parties settled by executing memorandum of settlement agreement - Accused already paid the amount settled between parties - Offence in question allowed to be compounded by invoking powers u/s 147 of the Act r/w S.320(8) Cr.P.C...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - Wife not liable for cheque drawn by her husband from the joint account relating to both of them - Proceedings qua wife quashed...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Joint account maintained by husband and wife - Cheque signed by husband only - It is only the drawer of cheque who can be made an accused in proceeding u/s 138 of the Act - Proceedings qua wife quashed...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Parties have resolved their differences and have compromised the matter - Accused is a poor person, thus, 15% of cheque amount towards costs of litigation can be waived off in the interest of justice - Parties are allowed to compound the offence in terms of S.147 of the Act..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 91 -- Dishonour of cheque - Production of income tax returns of complainant - Income tax returns of complainant needed due to certain response elicited during course of cross-examining complainant - By allowing the application, complainant cannot claim that he will be put to hardship and..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Right of accused to cross-examine complainant closed after giving him sufficient opportunities - However, accused cannot be deprived of his right to defend himself since right to cross-examine is akin to right to defend - Although ample opportunities have been granted to accused and matter is pending..........
Negotiable Instruments Act, 1881, Section 138, 145 -- Dishonour of cheque - Evidence of accused by way of affidavit is not permissible...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Holder in due course - No endorsement in favour of Bank - Notice given by bank is of no consequence - Summoning order and complaint quashed...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 219 -- Dishonour of cheque - Joint trial - Three cheques were dishonoured and three notices were issued - There is no impediment in holding a joint trial - Plea of accused that single complaint for three cheques is not maintainable rejected...........
