CiteTEXT
...compounded in terms of the compromise petition, as a result, subject to payment of balance amount of Rs.2,00,000/-, the accused is acquitted for the offence punishable under Section 138 of ...Section 138 of NI Act are set-aside. iii) The petitioner/accused is acquitted for the offence punishable under Section 138 of NI Act. iv) In view ....5001/2017 for the offence punishable under Section 138 of NI Act. 3. Now, both the parties have filed a compromise petition before this Court under Section 147...
...petitioners for the offences punishable under Section 138 of NI Act is hereby set aside. 5. Petitioners are acquitted of the offence under Section 138 of ...in the petition voluntarily. As per Section 147 of the Negotiable Instruments Act, 1881, the offence under Section 138 of the said Act is compoundable one. The respondent admits that the Crl.R.P.No...ADDITIONAL C.M.M., BENGALURU IN C.C.NO.23536/2014, Crl.R.P.No.238/2019 CONVICTING THE PETITIONERS/ACCUSED FOR THE OFFENCE PUNISHABLE UNDER SECTION 138 OF N.I.ACT AND...
...under Section 138 NI Act.
6. Counsel appearing on behalf of respondent No.2 has admitted the factum of compromise and further submits that entire settled amount is already...punishable under Section 138 NI Act is a
2 of 3
compoundable offence, as per Section 147 NI Act. It appears that i...offence punishable under Section 138 NI Act.
8. For the foregoing reasons, the present petition is allowed and the impugned judgments passed by the Courts below are set aside and the petit...
...received by respondent , Yamuna Nagar at
- and in default of payment of
NI
two cheuqe - dated in name of respondent No.2/ both the
Yamuna Naga...
under Section 138 NI Act in the present case.
deserves to be acquitted of an offence punishable under Section 138 NI Act.
6...formalities, filed complaint under Section 138 NI Act and on Being aggrieved, petitioner filed appeal which was also 19.10.2022. Still being not satisfied petitioner During the course of hearing, it has been...
...under Section 138 of NI Act. The trial court has
acquitted the accused after appreciation of evidence. Thus, in my
considered view, the petitioner has a good case for preferring an...
[2023/RJJD/011490]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Crml Leave To Appeal No. 336/2017
Smt. Parageeni Rathore Wife...Of Shri Kamal Singh Rathore,
Resident Of Aamliyo Ki Badi, Joyti School Ki Gali, Bhuwana,
Udaipur Raj.
----Appellant
Versus
Smt. Leena Paliwal Daughter Of Shri...
...under section 138 of ni act is set aside. Petitioner is acquitted of the offence punishable under section 138 of ni act. The amount of Rs.4,500/- depos...The petitioner is convicted by the trial Court for the offence punishable under Section 138 of Negotiable Instrument Act. Now the parties have filed an...application under section 147 of ni act, which reads thus: 2. The petitioner has filed the above petition against the order of conviction dated 25.05.2016 passed by the learned XVI Addl...
...acquitted the accused for the alleged offence under Section 138 of the NI Act.4. Aggrieved by the same the complainant preferred appeal in the High Court in Criminal Appeal No...in an action under Section 138 of the NI Act for dishonour of cheque is the complainant required to establish his financial capacity to lend money?(ii...the cases arising under Section 138 of the NI Act, the factual matrix and the evidence adduced were different. The High Court after answering the two legal issues did not consider the merits of each...
...respondent No.1 and that he is having no objection if offence punishable
138 NI Act is compounded and the petitioner is acquitted. Even the for the petitioner has admitted
...
Offence punishable under Section 138 NI Act is co
s in question. In the given circumstances,
. On presentation, the Faridabad vid...offence punishable under Section 138 NI Act.
6.
the impugned judgments passed by the Courts below are s petitioner is acquitted of an...
...entire settled amount worth Rs.3,60,000/- and he further stated that he is having no objection if offence punishable under Section 138 NI Act is compounded and the petitioner is acquitted. Even the petitioner has a...offence punishable under Section 138 NI Act in the present case.
2 of 3
Consequently, the petitioner deserves to be ...an offence punishable under Section 138 NI Act.
6. For the foregoing reasons, the present petition is allowed and petitioner is acquitted of an offence punishable...
..., District Ferozepur. The counsel for respondent No.2 further stated that respondent No.2 is having no objection if offence punishable under Section 138 NI Act is compounded and the petitioner is acquitted. Even th...given to the parties to compound an
2 of 3
offence punishable under Section 138 NI Act in the present case. Consequently, the petiti...offence punishable under Section 138 NI Act.
6. For the foregoing reasons, the present petition is allowed and the impugned judgments passed by the trial Court and the Court of Ad...
...received by respondent No.2 and that he is having no objection if offence punishable under Section 138 NI Act is compounded and the petitioner is acquitted. Even the counsel for the petitioner has admitted the fact...and made prayer that the present petition be allowed.
5. Offence punishable under Section 138 NI Act is a compoundable offence. It appears that in the present case, parties have settled their dispute wit...offence punishable under Section
138 NI Act.
6. For the foregoing reasons, the present petition is allowed and the impugned judgments passed by the Courts below are set aside and the ...
..., cheating and abetment, etc.4. In Criminal Case No. 1334 of 2003 filed under Section 138 of the NI Act, the trial court convicted the appellant. Aggrieved, the appellant preferr.... 1334 of 2003 under Section 138 of the NI Act on the ground that the appellant had taken hypothecation loan of Rs 20 lakhs and had not repaid the same. In order to meet the said liability, the...under Section 138 of the NI Act for the same offence. Thus, the High Court committed an error in not quashing the said ICR and the criminal case. It amounts to double jeopardy and, therefore, the...
...respondent not guilty for the offence under Section 138 of NI Act and acquitted him. Aggrieved over the same, the present appeal has been filed.
5.The appellant raised ground...that the respondent categorically admitted his signature and issuance of cheque. Therefore, the appellant discharged his initial burden as contemplated under Section 138 of NI Act. The cheque was issued fo....The appellant is the defacto complainant and the respondent is the accused in the complaint lodged by the appellant for the offence punishable under Section 138 of the Negotiable Instruments Act. 3...
...further stated that entire settled amount is already received by respondent and that he is having no objection if offence punishable under Section 138 NI Act is compounded and the petitioner is acquitted. Even the ...hereby given to the parties to compound an offence punishable under Section 138 NI Act, in the present case. Consequently, the petitioner deserves to be acquitted of an offence punishable under Section...138 NI Act.
6. For the foregoing reasons, the present petition is allowed and the impugned judgments passed by the Courts below are set aside and the petitioner is acquitted ...
...Section 138 NI Act is compounded and the petitioner is acquitted. Even the counsel for the petitioner has admitted factum of compromise and has made prayer that the present petition be allowed.... In the given circumstances, permission is hereby given to the parties to compound an offence punishable under Section 138 NI Act in the present case. Consequently, the petitioner deserves to be acquitted ...offence punishable under Section 138 NI Act.
6. For the foregoing reasons, the present petition is allowed and the impugned judgments passed by the Courts below are set aside and the petitioner is ...
...further stated that entire settled amount is already received by respondent No.1 and that he is having no objection if offence punishable under Section 138 NI Act is compounded and the petitioners are acquitted. Ev...with regard to dishonor of cheque in question. In the given circumstances, permission is hereby given to the parties to compound an offence punishable under Section 138 NI Act, in the present case. Consequently, th...offence punishable under Section 138 NI Act.
6. For the foregoing reasons, the present petition is allowed and the impugned judgments passed by the Courts below are set aside and the petit...
...10.03.2025 and that he is having no objection if offence punishable under Section 138 NI Act is compounded and the petitioner is acquitted. Even the counsel for the petitioner has admitted the factum of co..., permission is hereby given to the parties to compound an offence punishable under Section 138 NI Act in the present case. Consequently, the petitioner deserves to be acquitted of an offence punishable...under Section 138 NI Act.
6. For the foregoing reasons, the present petition is allowed and the impugned judgments passed by the Courts below are set aside and the petitioner is acquitted ...
.../- and he has filed compromise petition voluntarily without any threat, fear or undue influence. Hence, compromise is allowed.
Conviction of the applicant under Section 138 of NI Act ...the charges under Section 138 of NI Act. As per provision of 147 of NI Act, the applicant be.../147 of Negotiable Instruments Act.
The applicant is in custody hence, he could personally present himself.
Learned counsel for the applicant submits that...
..., Kancheepuram District made in CC.No.30 of 2020 dated 08.04.2024, thereby dismissed the complaint filed by the appellant for the offence punishable under Section 138 of NI Act and acquitted the...issuance of the cheque and the signature of the cheque. Therefore, the appellant had discharged his initial burden as contemplated under Section 138 of NI Act. Even then, the trial court ...respondent is the accused in the complaint lodged by the appellant for the offence punishable under Section 138 of NI Act. Due to acquaintance with the respondent, the appellant extended financial...
..., Kancheepuram District made in CC.No.29 of 2020 dated 08.04.2024, thereby dismissed the complaint filed by the appellant for the offence punishable under Section 138 of NI Act and acquitted the...issuance of the cheque and the signature of the cheque. Therefore, the appellant had discharged his initial burden as contemplated under Section 138 of NI Act. Even then, the trial court ...respondent is the accused in the complaint lodged by the appellant for the offence punishable under Section 138 of NI Act. Due to acquaintance with the respondent, the appellant extended financial...