Condition of pre-deposit of fine/ compensation – Conviction u/s 138 of the N.I. Act on 17.8.2018 -- Appellate Court directed the appellant to deposit 20 % of the compensation amount -- Contends that as the complaint has been filed prior to the amendment of Section 148, the same was not applicable to the case of the petitioner – Section 148 has been introduced w.e.f. 01.09.2018 and amendment shall have retrospective effect and shall be applicable to all the pending cases even wherein the complaints were filed prior to 01.09.2018 – Petition dismissed.

(P&H HC) Decided on: 08.09.2021

Exhibition of documents -- Case fixed for defence evidence -- Application was filed by the respondent/ complainant for permission to Exhibit document Form VAT D-2 as Ex.CW2/H, which had earlier been placed on record during evidence – Held, it was only due to inadvertence that it was not marked as exhibit -- Petitioners had full opportunity to confront the said witness at that stage -- Hence, no prejudice is caused to them – Petition challenging order allowing application, dismissed.

(P&H HC) Decided on: 19.07.2021

Proclaimed person – Quashing of FIR u/s 174-A IPC – Settlement in complaint u/s 138 of the NI Act, 1881 -- In such circumstances, the order declaring the petitioner as a proclaimed person as well as the continuation of his prosecution cannot be permitted to continue -- Impugned FIR along with all consequential proceedings emanating therefrom quashed.

(P&H HC) Decided on: 15.03.2021

Proclaimed person – Compromise in cheque bounce case -- Quashing of FIR u/s 174-A IPC – Petitioner settled the dispute with the complainant-Company and the entire amount was paid and the complaint was dismissed as withdrawn – Consequently, petition is allowed and FIR u/s 174-A IPC along with all subsequent proceedings arising therefrom, quashed.

(P&H HC) Decided on: 05.03.2021

Proclaimed person – Compromise in cheque bounce case -- Quashing of FIR u/s 174-A IPC -- Continuation of prosecution u/s 174-A IPC in pursuance to the orders passed by the trial Court cannot be permitted to continue -- Petition allowed, FIR along with all consequential proceedings emanated therefrom quashed.

(P&H HC) Decided on: 01.03.2021

Proclaimed offender/person – Anticipatory bail -- Petitioner met with an accident and suffered fracture in his leg and arm, due to which, he could not walk -- He requested his counsel for his exemption, but due to some reason, he could not move appropriate application before the trial court -- Petition disposed of with a direction that, in case, the petitioner surrenders before the trial court within a period of one week, he shall be admitted on bail. Cost of Rs. 10,000/- imposed.

(P&H HC) Decided on: 22.02.2021