August 2019

July 2019

Dishonour ofCheque- Rebuttable Presumption-The presumption under Section 139 of the Nl Act can be rebutted by raising a probable defence

By | July 23rd, 2019|Cheque Bounce|

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Dishonour of Cheque—Advancement of Loan—There is no statutory requirement for production of Income Tax Returns to prove source of money and/or ability to advance loan

By | July 23rd, 2019|Cheque Bounce|

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The provisions under Section 138 of the Act applies to a cheque issued for the discharge, in whole or in part or any other liability— Therefore, finding of the trial court that complaint under Section 138 of the Act was not maintainable on account of alleging partial liability of the respondent is illegal and is set aside

By | July 23rd, 2019|Cheque Bounce|

Comments Off on The provisions under Section 138 of the Act applies to a cheque issued for the discharge, in whole or in part or any other liability— Therefore, finding of the trial court that complaint under Section 138 of the Act was not maintainable on account of alleging partial liability of the respondent is illegal and is set aside

ACQUITTAL CHEQUE DISHONOUR — Further stated that he has not shown the loan paid by him to the accused in his income-tax return. He accepted the suggestion that from statement of account, it is clear that except the cheques in question maximum balance in the account of the complainant has never exceeded Rs. 16,000/- during course of their business transactions

By | July 23rd, 2019|Cheque Bounce|

Comments Off on ACQUITTAL CHEQUE DISHONOUR — Further stated that he has not shown the loan paid by him to the accused in his income-tax return. He accepted the suggestion that from statement of account, it is clear that except the cheques in question maximum balance in the account of the complainant has never exceeded Rs. 16,000/- during course of their business transactions

Dishonour of Cheque-Comparison of Signatures-Once the said documents were produced in original in preliminary evidence of complainant without any objection and documents are not relevant for, deciding core dispute; filing of such application can be safely inferred as filed with mala fide intention with sole object to delay the proceedings- Application held to be rightly dismissed.   

By | July 20th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque-Comparison of Signatures-Once the said documents were produced in original in preliminary evidence of complainant without any objection and documents are not relevant for, deciding core dispute; filing of such application can be safely inferred as filed with mala fide intention with sole object to delay the proceedings- Application held to be rightly dismissed.   

Dishonour of Cheque-Territorial Jurisdiction -Quashing- Cheque was issued at Kerala-Presented at Bangalore for encashment-Complaint filed at Gurgaon-Held; Complainant just to harass and putting under pressure upon the petitioner filed impugned complaint at Gurgaon, which is distantly situated from Bangalore

By | July 20th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque-Territorial Jurisdiction -Quashing- Cheque was issued at Kerala-Presented at Bangalore for encashment-Complaint filed at Gurgaon-Held; Complainant just to harass and putting under pressure upon the petitioner filed impugned complaint at Gurgaon, which is distantly situated from Bangalore

Negotiable Instruments Act, 1881, S.138–Dishonour of Cheque-Consecutive running of sentence—Petitioner has committed offence for five distinct transactions, therefore his sentence cannot be concurrent.

By | July 8th, 2019|Cheque Bounce|

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June 2019

Dishonour of Cheque-­Territorial Jurisdiction–In 2014, petitioner filed complaint where he was maintaining account–Complaint was returned to be filed as per directions of Supreme Court in Dashrath Rup Singh Rathod case—However, after amendment of 2015, complaint to be filed at place where payee maintains the account for collection

By | June 29th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque-­Territorial Jurisdiction–In 2014, petitioner filed complaint where he was maintaining account–Complaint was returned to be filed as per directions of Supreme Court in Dashrath Rup Singh Rathod case—However, after amendment of 2015, complaint to be filed at place where payee maintains the account for collection

Dishonour of Cheque- Dismissal in default–On a single default of the applicant or his counsel, dismissal of complaint is a very harsh step – Order set aside

By | June 19th, 2019|Cheque Bounce|

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Dishonour of Cheque—Third party cheque—’Cheque issued by partner in his individual capacity—Complaint not maintainable against firm or other partner

By | June 19th, 2019|Cheque Bounce|

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Dishonour of Cheque—Evidence of other case—Evidence in other case led amongst the parties could not be read in present case- Order of Trial Court dismissing the present complaint by considering the cross-examination of applicant in other complaint filed against other person set aside

By | June 19th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Evidence of other case—Evidence in other case led amongst the parties could not be read in present case- Order of Trial Court dismissing the present complaint by considering the cross-examination of applicant in other complaint filed against other person set aside

Dishonour of Cheque—Loan Transaction—Factum of payment under loan transaction as alleged not proved on record—Accused entitled for acquittal

By | June 5th, 2019|Cheque Bounce|

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Dishonour of Cheque–Re- examination of ‘witness’- Application u/s 311 Cr.P.C not to be dismissed merely because it was filed at belated stage

By | June 1st, 2019|Cheque Bounce|

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May 2019