Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Validity period of cheque - It is directly relatable to the date filled on it...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Security cheque - Quashing of complaint - Complaint cannot be quashed on this ground at the threshold - It is a ground to be gone into at trial - Petition for quashing dismissed...........
Negotiable Instruments Act, 1881, Section 138, Probation of Offenders Act, 1958, Section 4 -- Dishonour of cheque - Benefit of probation - Accused has no criminal antecedents as per material on record - He is entitled to benefit of probation - However while maintaining sentence of accused, he released on probation...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 395, 397, 307, 34, 120B, Arms Act, 1959, Section 25, 25(1)(a) -- Bail - Offence u/ss 342, 395, 397, 307, 34, 120-B IPC and Ss.25, 25(1)(a) Arms Act - Even though antecedents of accused may be one amongst relevant considerations while adjudicating a petition on merits for grant of bail,..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - At pre-trial stage - Court should be slow to grant relief of quashing a complaint at a pre-trial stage, when factual controversy is in the realm of possibility particularly because of legal presumption...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - When cheque and signature are not disputed by accused, the balance of convenience at this stage is in favour of complainant...........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Quashing of complaint - Factual defence without having to adduce any evidence need to be of an unimpeachable quality, so as to altogether disprove the allegations made in the complaint...........
Indian Penal Code, 1860, Section 326 -- Offence u/s 326 IPC - Conversion of sentence into fine - Accused has already undergone sufficient period in jail as under trial and after conviction by appellate Court - Sentence of accused thus, converted into fine of Rs.50,000/-...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Power u/s 147 of the Act can be invoked at any stage of proceedings i.e at the stage of trial, appeal or at revisional jurisdiction and Courts should be liberal in exercising such powers - Since matter has been compromised between parties, sentence awarded to accused..........
Criminal Procedure Code, 1973, Section 319, Indian Penal Code, 1860, Section 302, 120B -- Summoning of additional accused - Summoning only on the basis of statement of PW1 and PW3 without considering other circumstances and material available collected by I.O. - Court also not identified parentage of petitioner - Summoning order set aside - matter remitted for decision..........
