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MEENAKSHI I. MEHTA
Shrikant Verma – Appellant
Versus
State Of Haryana – Respondent
JUDGMENT
Meenakshi I. Mehta, J. - All the three above-mentioned petitions are being taken up together for their adjudication as the genesis thereof lies in the same Criminal Complaint case.
2. As per the brief factual-matrix culminating in the filing of these petitions by invoking the extra-ordinary jurisdiction of this Court under Section 482 Cr.P.C, respondent No.2-complainant (here-in-after to be referred to as 'respondent No.2') filed the Criminal Complaint bearing NACT No.2227 of 2016 against the petitioner-convict-appellant (here- in-after to be referred to as 'the petitioner') under Section 138 of the Negotiable Instruments Act (for short 'the NI Act') while alleging therein that the petitioner had taken the financial assistance from him (respondent No.2) to the tune of Rs.1.14 crore. In discharge of his afore-said liability, the petitioner issued a cheque dated 10.05.2016 worth Rs.1.45 crore in his (respondent No.2's) favour. However, when presented in the concerned Bank for its encashment, the said cheque was dishonoured with the remarks 'Funds Insufficient' vide the memo dated 06.08.2016. Then, he sent a legal notice dated 05.09.2016 to the petitioner, through registered po
The main legal point established in the judgment is the legal implications of default in complying with a settlement and the applicability of Section 148 of the NI Act to appeals against the order of....
The main legal point established in the judgment is the retrospective applicability of Section 148 of the Negotiable Instruments Act, the mandatory nature of the Appellate Court's discretion to direc....
The appellate court upheld the necessity for a minimum deposit of 20% of compensation under Section 148 of the Negotiable Instruments Act, confirming compliance is essential to maintain the right of ....
The Appellate Court's power to order the appellant to deposit a minimum of 20% of the fine or compensation under Section 148 of the Negotiable Instruments Act, as amended in 2018, is mandatory and no....
The main legal point established in the judgment is the discretionary nature of the provision under Section 143A of the N.I. Act, the requirement for the court to consider relevant factors and record....
(1) Offence of dishonour of cheque is fully compoundable.(2) Generally, powers available under Section 482 of Cr.P.C. would not be exercised when a statutory remedy under law is available.
The aim of Section 148 NI Act is to provide relief to the complainant by empowering the Appellate Court to direct payment of a portion of the fine/compensation during the pendency of appeal. The vaca....
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