October 2019

Dishonour of Cheque—Compensation—Cheque amount was Rs 1.46 crores–Sentence reduced from 24 months to 18 months by enhancing fine from Rs. Two Thousand to Rs. Twenty Five lakhs

By | October 12th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Compensation—Cheque amount was Rs 1.46 crores–Sentence reduced from 24 months to 18 months by enhancing fine from Rs. Two Thousand to Rs. Twenty Five lakhs

Dishonour of Cheque—Post Summoning Evidence Held; Complainant can lead further evidence post summoning for elaborating upon his pre-summoning evidence as complainant may not choose to lead his entire evidence at the stage of pre-summoning evidence.

By | October 11th, 2019|Cheque Bounce|

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Dishonour of Cheque—Evidence by affidavit—Accused, while appearing as his own witness in defence; does not have any right to lead the evidence by way of affidavit.

By | October 2nd, 2019|Cheque Bounce|

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Held; it would be travesty of justice, if the accused, who has remained under a mistaken impression that he can drag the proceedings as per his choice, is suddenly denied the opportunity to cross-examine the complainant—Negotiable Instruments Act, 1881, S. 138.                   

By | October 2nd, 2019|Cheque Bounce|

Comments Off on Held; it would be travesty of justice, if the accused, who has remained under a mistaken impression that he can drag the proceedings as per his choice, is suddenly denied the opportunity to cross-examine the complainant—Negotiable Instruments Act, 1881, S. 138.                   

August 2019

Negotiable Instruments Act, 1881, S.138—Dishonour of Cheque—Part Payment—After filing of complaint, making of part payment of cheque amount, is not sufficient to exonerate accused of the charge u/s 138 N.I Act.

By | August 25th, 2019|Cheque Bounce|

Comments Off on Negotiable Instruments Act, 1881, S.138—Dishonour of Cheque—Part Payment—After filing of complaint, making of part payment of cheque amount, is not sufficient to exonerate accused of the charge u/s 138 N.I Act.

Complainant cross examination – the present petition is disposed of with a direction that the accused shall be granted one last opportunity to cross-examine the complainant/witness on the next date of hearing fixed before the trial Court i.e. 27.11.2018, subject to payment of Rs.5,000/- as costs, to be paid to the complainant.

By | August 12th, 2019|Cheque Bounce|

Comments Off on Complainant cross examination – the present petition is disposed of with a direction that the accused shall be granted one last opportunity to cross-examine the complainant/witness on the next date of hearing fixed before the trial Court i.e. 27.11.2018, subject to payment of Rs.5,000/- as costs, to be paid to the complainant.

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|

Comments Off on 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