Tuesday, January 19, 2010

Offence under section 138 of the NI Act is compoundable under sec.147 of the said Act.

whether an offence of cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881, could be compounded under Section 147 of the said Act read with Section 320 Cr.P.C?

The Hon'ble Supreme Court held, it is compoundable.

To read full judgment use the following link:



http://docs.google.com/Doc?docid=0AVD7MZ_yKj7ZZGM4czQya3BfNDFnZDd3cnpmcg&hl=en

Saturday, January 2, 2010

Cheque dishonour case - power agent can depose on behalf of complainant - SC.

The Hon'ble Supreme Court held that in a private complaint filed by a power of attorney of the complainant, the power agent can be examined if he knows the facts of the transactions between the parties.

To read the complete judgment go to:-

https://docs.google.com/Doc?docid=0AVD7MZ_yKj7ZZGM4czQya3BfMzlnN3NtbjVmcg&hl=en

An important judgment by SC on Sec.138 of the Negotiable Instruments Act.

The Hon'ble Supreme Court rules,

"Where an incorporeal body is the payee and the employee who represents such incorporeal body in the complaint is a public servant, he being the de facto complainant, clause (a) of the proviso to section 200 of the Code will be attracted and consequently, the Magistrate need not examine the complainant and the witnesses".

To read the complete judgment go to:-

https://docs.google.com/Doc?docid=0AVD7MZ_yKj7ZZGM4czQya3BfMzhnMmZoN2Zncg&hl=en