June 2019

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

Dishonour of Cheque-Burden of proof—Presumption of debt—Once the signature/execution of cheque is admitted existence of legal debt follows—Therefore, it is for accused to prove that the cheque was not for legal debt or liability.     

By | May 15th, 2019|Cheque Bounce|

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Dishonour of Cheque—Advancement of Loan—Complainant failed to establish the source of funds which is alleged to have utilized for the disbursal of loan to the appellant—Accused acquitted.

By | May 13th, 2019|Cheque Bounce|

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Dishonour of Cheque—Friendly Loan—Failure of complainant to prove the source of funds for advancing loan to accused cannot be a ground rebutting the presumption u/s 139 N.I. and because of that burden of proof on accused to prove probable defence does not get shifted on complainant. Dishonour of Cheque—Rebuttable Presumption—By mere denial or mere creation of doubt the presumption u/s 139 N.I. act cannot be held to have been rebutted by the accused

By | May 5th, 2019|Cheque Bounce|

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April 2019

Issue involved in this matter is whether Section 143-A introduced by the Amendment Act No.20 of 2018 in the Negotiable Instruments Act, 1881 has retrospective application or not?As an interim measure, we direct the petitioner to deposit the sum, namely 15% of the cheque amount

By | April 21st, 2019|Cheque Bounce|

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Comments Off on Issue involved in this matter is whether Section 143-A introduced by the Amendment Act No.20 of 2018 in the Negotiable Instruments Act, 1881 has retrospective application or not?As an interim measure, we direct the petitioner to deposit the sum, namely 15% of the cheque amount

Provisions of Section 143 A of Negotiable Instruments Act inserted by Amendment Act, 2018 being substantive are prospective in nature – Cannot apply to pending cases.   All provisions relating to punishment, execution, fine and compensation and recovery as contained in Cr.P.C has to be read in conjunction and in harmony with Section Section 143 A of Negotiable Instruments Act. Amendment in Section 148 NIA apply to pending proceedings

By | April 21st, 2019|Cheque Bounce|

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Comments Off on Provisions of Section 143 A of Negotiable Instruments Act inserted by Amendment Act, 2018 being substantive are prospective in nature – Cannot apply to pending cases.   All provisions relating to punishment, execution, fine and compensation and recovery as contained in Cr.P.C has to be read in conjunction and in harmony with Section Section 143 A of Negotiable Instruments Act. Amendment in Section 148 NIA apply to pending proceedings

Dishonour of Cheque—Death of Complainant—Legal representative of complainant can be substituted as a complainant        

By | April 12th, 2019|Cheque Bounce|

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March 2019

Dishonour of Cheque—Blank Cheque—Subsequent filing in of an unfilled signed cheque is not an alteration. Dishonour of Cheque—Presumption of debt—The existence of a fiduciary relationship between the payee of a cheque and its drawer, would not disentitle the payee to the benefit of the presumption under Section 139.

By | March 16th, 2019|Cheque Bounce|

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Dishonour of Cheque—Comparison of Writing—There is no embargo for the holder of the cheque to fill up its body, in case, blank cheque is handed-over to him by a person to discharge his liability with instructions to fill it at appropriate time

By | March 9th, 2019|Cheque Bounce|

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February 2019

Dishonour of Cheque—Compounding of Offence—Consent of complainant is mandatory—Judgment of Supreme Court in Meters & Instrument Case held to be not a binding precedent

By | February 28th, 2019|Cheque Bounce|

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November 2018

Indian Penal Code, 1860, S.174-A–Proclaimed Offender-Quashing-Dishonour of Cheque-Petitioner was not served in the case because of non-furnishing of the correct address by the respondent—Thus impugned order declaring the petitioner as proclaimed person and directing the SHO to register FIR is not sustainable-Impugned order quashed-Negotiable Instruments Act, 1881, S.138.

By | November 28th, 2018|Cheque Bounce|

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Comments Off on Indian Penal Code, 1860, S.174-A–Proclaimed Offender-Quashing-Dishonour of Cheque-Petitioner was not served in the case because of non-furnishing of the correct address by the respondent—Thus impugned order declaring the petitioner as proclaimed person and directing the SHO to register FIR is not sustainable-Impugned order quashed-Negotiable Instruments Act, 1881, S.138.

Negotiable Instruments Act, 1881, S. 138—Dishonour of Cheque- Compounding of Offence—Imposition of cost as suggested in Damodar S. Prabhu’s case by the competent court is a matter of discretion-Court can reduce the costs with regard to specific facts and circumstances of a case while recording reasons in writing for such variance.

By | November 10th, 2018|Cheque Bounce|

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Comments Off on Negotiable Instruments Act, 1881, S. 138—Dishonour of Cheque- Compounding of Offence—Imposition of cost as suggested in Damodar S. Prabhu’s case by the competent court is a matter of discretion-Court can reduce the costs with regard to specific facts and circumstances of a case while recording reasons in writing for such variance.

Dishonour of Cheque—Rebuttable Presumption—The presumption under Section 139 of the NIAct can be rebutted by raising probable defence.

By | November 10th, 2018|Cheque Bounce|

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April 2018

Dishonour of Cheque—Offence by company—Director cannot get the complaint against him quashed merely on the ground that apart from the basic averment no particulars are given in the complaint about his role, because ordinarily the basic averment would be sufficient to send him to trial.

By | April 19th, 2018|Cheque Bounce|

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March 2018

Negotiable Instruments Act, 1881, S.1 38 -Dishonour of Cheque–Quashing–Petitioner is the wife of signatory of cheque-Mere fact that she is a joint bank account holder with her husband does not ipso facto mean that she is also liable

By | March 5th, 2018|Cheque Bounce|

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February 2018

Legally enforceable debt – Even entry of Rs. 200/- was made, but no entry for advancing a loan of Rs. 7 lacs to the accused was made-Complainant has failed to explain qua advancement of loan to the accused and that the legally enforceable debt is not proved— Complaint dismissed.

By | February 25th, 2018|Cheque Bounce|

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Comments Off on Legally enforceable debt – Even entry of Rs. 200/- was made, but no entry for advancing a loan of Rs. 7 lacs to the accused was made-Complainant has failed to explain qua advancement of loan to the accused and that the legally enforceable debt is not proved— Complaint dismissed.

Criminal Procedure Code, 1973, S.256–Dishonour of Cheque-Dismissal in default- -Absence of complainant-Absence was not intentional rather due to reason that his counsel noted wrong date—Complaint restored

By | February 24th, 2018|Cheque Bounce|

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November 2017

October 2017

Dishonour of Cheque—Offence by Company—If drawer of cheque (company) is not party, complaint qua accused is not maintainable merely because he was signatory of cheque. Dishonour of Cheque—Offence by Company—Complaint against director but company was not impleaded—Company cannot be allowed to be impleaded u/s 319 Cr.P. C—Complaint quashed.

By | October 26th, 2017|Cheque Bounce|

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Comments Off on Dishonour of Cheque—Offence by Company—If drawer of cheque (company) is not party, complaint qua accused is not maintainable merely because he was signatory of cheque. Dishonour of Cheque—Offence by Company—Complaint against director but company was not impleaded—Company cannot be allowed to be impleaded u/s 319 Cr.P. C—Complaint quashed.