litigation involving the
offence enumerated by Section 138 of the Negotiable
Instruments Act, 1881 [Hereinafter `Act']. It is not necessary
for us to delve ... inserted into the Act by the Banking, Public Financial
Institutions and Negotiable Instruments Laws (Amendment)
2
Act, 1988 (66 of 1988). The object of bringing
Section 147 in The Negotiable Instruments Act, 1881
147. Offences to be compoundable.—
Notwithstanding anything contained in the Code of Criminal Procedure
India competent to try a complaint
under Section 138 of the Negotiable Instruments Act, 1881 (the Act)
to follow and comply with the mandate ... lieu of payment of money
and is negotiable, the fact remains that the cheque as a negotiable
instrument started losing its credibility by not being
consider the special provisions laid
down by section 145 of the Negotiable Instruments Act, 1881 (`the Act',
2
hereinafter) for a dishonoured cheque trial ... Whether sub-section (2) of section 145 of the Negotiable
Instruments Act, 1881, (for short, "the Act") confers an
unfettered right
demand notice under Section 138 read with Section 141 of the Negotiable
Instruments Act, 1881, calling upon the company and its three Directors,
the appellants ... appellants under Section 138 read with
Section 141 of the Negotiable Instruments Act before the Additional Chief
Metropolitan Magistrate [“ACMM”], Kurla, Mumbai. On 12.02.2018,
summons
Court, Vadodara for offence punishable under Section 138 of Negotiable Instruments Act (hereinafter referred to as 'the N. I. Act ') and the petitioner ... pleased to give benefit under Section 147 of the Negotiable Instruments Act by compounding the offence."
4. The accused had earlier filed one Criminal
2429/2015 and 2430/2015) under Section 138 of the
Negotiable Instruments Act (" NI Act " hereafter) passed an order dated
13th January ... Impact of settlement of disputes in a complaint under
Section 138 Negotiable Instruments Act by virtue of
Lok Adalat under the Legal Services Authorities
which proceedings in a
complaint 1 under Section 138 of the Negotiable Instruments Act 1881 2, pending on
the file of the Seventh Metropolitan Magistrate ... petitioner is that two sets of prosecutions under
the Negotiable Instruments Act cannot simultaneously lie.
Admittedly, the second set of cheques on which the present
Class found appellant guilty for the
offence under Section 138 of Negotiable Instruments Act
and sentenced him to six months rigorous imprisonment
and also directed ... Magistrate First Class for the offence under
Section 138 of the Negotiable Instruments Act averring
that non applicant/complainant gave a loan
respondent is
acquitted of offence punishable under section 138 of the
Negotiable Instruments Act.
2. Brief facts giving rise to this application may be
stated ... acquitting the respondent of offence punishable under section
138 of the Negotiable Instruments Act, mainly on three
grounds. Firstly, it is held that as many
