Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Complainant not ready and willing to compound the offence - Application u/s 147 of the Act rightly rejected...........
Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - When complainant is not ready and willing to compound offence, it cannot be compounded as per provision of S.147 of the Act - Therefore, S.147 of the Act only permits compounding of offence but there is no such intention of Legislature to compel complainant to get offence..........
Negotiable Instruments Act, 1881, Section 138, Criminal Procedure Code, 1973, Section 256 -- Dishonour of cheque - Complaint - Dismissal in default - Reason for dismissing complaint was beyond the control of complainant - Therefore, to meet ends of justice, complainant is given another chance to put forward his claim - Complaint ordered to be restored to its original..........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque - If on the date of cheque liability or debt exists or amount has become legally recoverable, S.138 of the Act is attracted and not otherwise...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Issued for discharge of later liability is clearly covered by statue...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Post dated cheque given for repayment of loan installment which is also described as security in loan agreement is covered u/s 138 of the Act, as expression security refers to the cheques being towards repayment of installments - Once loan was disbursed and installments have fallen due on the date of..........
Evidence Act, 1872, Section 17, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Willingness to pay expressed in Court - Not `judicial confession of guilt' - However, the same can be considered as voluntary admission of facts necessary to constitute the offence u/s 138 of the Act...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Reduction of sentence - Conviction - Considering age and health of accused, period of imprisonment reduced from S.I of 1 year to 1 month with compensation of Rs.1,40,000 u/s 357(3) Cr.P.C. in default of which to further undergo S.I for 6 months...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Cheque issued by firm - Managing Director - In absence of firm being arraigned as an accused, Managing Director cannot be held vicariously liable of the charge levelled against him - Conviction and sentence of petitioner set aside...........
Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Appeal against acquittal - Appeal u/s 372 Proviso Cr.P.C. before Sessions Judge is not maintainable - Only remedy available to complainant is to seek special leave to appeal before High Court u/s 378 Cr.P.C...........
