Cheque-Bounce Not An Offence Against Society, Accused Can Escape Punishment By Compounding: P & H HC Reduces Imprisonment on Account Of Mitigating Factors [Read Order]
4 years, 4 months ago

Cheque-Bounce Not An Offence Against Society, Accused Can Escape Punishment By Compounding: P & H HC Reduces Imprisonment on Account Of Mitigating Factors [Read Order]

Live Law  

"Cheque bounce is not an offence against society and an accused can escape punishment by settling with the complainant", observed the Punjab and Haryana Court on Tuesday. The Single Bench expressed that in imposing a sentence under Section 138 of the Negotiable Instruments Act, while the Court must be alive to the concern of the Legislature in inserting Chapter XVII in the Act and. The Single Bench expressed that in imposing a sentence under Section 138 of the Negotiable Instruments Act, while the Court must be alive to the concern of the Legislature in inserting Chapter XVII in the Act and then amending the provisions thereof to make the same more stringent as well as the jurisprudential principles of deterrence and restoration, the court cannot lose sight of the fact that the offence is "quasi criminal" in nature. "It is, thus, apparent that deterrence and restoration are the principles to be kept in mind for sentencing", concluded the bench, adding that at the same time, the Court cannot lose sight of the fact that the offence under Section 138 of the Act is quasi criminal in nature and that Section 147 of the Act makes the offence compoundable notwithstanding anything contained in the Code of Criminal Procedure, 1973.

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History of this topic

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 days, 9 hours ago

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal

Live Law  

Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition. The bench of Justice Manoj Kumar Garg was …

High Court Rejects Plea to Dismiss Cheque Bounce Complaint
2 months, 1 week ago

High Court Rejects Plea to Dismiss Cheque Bounce Complaint

Live Law  

The Karnataka High Court has ruled that a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, even if a civil suit for recovery of the money is instituted. The court relied on the Apex court judgment in the case of D.PURUSHOTAMA REDDY v. K.SATEESH, (2008) 8 SCC 505, which held that two …

Magistrate's Power U/S 256 CrPC To Be Used Sparingly, Not For 'Statistical Purposes Of Removing Docket From Rack': Rajasthan High Court
8 months, 2 weeks ago

Magistrate's Power U/S 256 CrPC To Be Used Sparingly, Not For 'Statistical Purposes Of Removing Docket From Rack': Rajasthan High Court

Live Law  

Rajasthan High Court has recently discussed in detail the powers of a Magistrate under Section 256 Cr.P.C, which should be used judiciously and based on a definite conclusion that the complainant no longer wants to prosecute the accused. “Instant case is not a case where the accused persons were appearing regularly before the trial Court to attend the Court proceedings …

[S.147 Negotiable Instruments Act] Offence Can Be Compounded Post-Conviction For Cheque Dishonour: Himachal Pradesh High Court
1 year, 10 months ago

[S.147 Negotiable Instruments Act] Offence Can Be Compounded Post-Conviction For Cheque Dishonour: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court on Wednesday observed that courts while exercising power under Section 147 of the Negotiable Instrument Act are sufficiently empowered to proceed to compound an offence, even in cases where accused stands convicted. The moot question that fell for adjudication was as to whether after upholding the judgments of conviction and order of sentence passed by …

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case
2 years, 4 months ago

Faced "Agony Of Trial" For 9.5 Yrs: Punjab & Haryana High Court Reduces Sentence In Rash & Negligent Driving Case

Live Law  

Taking into consideration the "agony of trial" faced by the petitioner, who was convicted in a rash and negligent driving case, the Punjab and Haryana High Court has reduced the sentence of 1 year to the period of detention already undergone, i.e., 6 months. The bench comprising Justice Harnaresh Singh Gill relied on the view taken by the Apex Court …

Depositing part compensation can’t be pre-condition for admitting plea in cheque bounce cases, rules HC
4 years ago

Depositing part compensation can’t be pre-condition for admitting plea in cheque bounce cases, rules HC

Hindustan Times  

The Punjab and Haryana High Court has ruled that depositing a part of compensation cannot be made a pre-condition for entertaining a convict’s appeal for hearing in a cheque bounce case. The HC bench observed that even as the Negotiable Instruments Act could override provisions of the Code of Criminal Procedure, there is no such specific provision in it that …

'Cheque Bounce' Complaint Based On Second Notice After Re-Presentation Of Cheque Maintainable: SC [Read Judgment]
5 years, 11 months ago

'Cheque Bounce' Complaint Based On Second Notice After Re-Presentation Of Cheque Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has held that a 'cheque bounce' complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintainable. The complainant issued a statutory notice on 25.01.2010 and later filed the complaint under Section 138 of the Negotiable Instruments Act based on the second statutory notice. In the judgment, disposing the appeal, the bench comprising …

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