February 2020

Rebuttal Of Presumption U/s 139 NI Act Can Only Be Done After Adducing Evidence: SC HELD “Rebuttal can be made with reference to the evidence of the prosecution as well as of defence.”

By | February 23rd, 2020|Cheque Bounce|

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Dishonour of Cheque—Concurrent running of sentence—Dispute arising from common transaction—For three different dishonored cheques three different complaints were filed but were tried together—Sentences in all complaints to run concurrently

By | February 22nd, 2020|Cheque Bounce|

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Dishonour of Cheque—Conflict with amount—If there is conflict between the amount written on the cheque in words and figures then the amount written in words shall be taken as correct amount Dishonour of Cheque—Material Alteration—Even if there is some kind of repeat of pen in the amount, that would not be a material fact for decision of the complaint as such

By | February 22nd, 2020|Cheque Bounce|

Comments Off on Dishonour of Cheque—Conflict with amount—If there is conflict between the amount written on the cheque in words and figures then the amount written in words shall be taken as correct amount Dishonour of Cheque—Material Alteration—Even if there is some kind of repeat of pen in the amount, that would not be a material fact for decision of the complaint as such

Dishonour of Cheque—Rebuttal of Presumption—It is permissible for the accused to rebut the same on the basis of evidence led by the prosecution—It is not necessary for the accused to lead evidence in defence to rebut the presumption

By | February 21st, 2020|Cheque Bounce|

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Dishonour of Cheque—Suspension of Sentence—On non deposit of 25% of compensation as pre deposit for appeal, order for suspension of sentence can be set aside

By | February 18th, 2020|Cheque Bounce|

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Supreme Court has observed that a cheque bounce complaint under Section 138 of the Negotiable Instruments Act cannot be quashed when disputed questions of facts are involved.

By | February 11th, 2020|Cheque Bounce|

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Negotiable Instruments Act, 1881, S.138–Dishonour of Cheque-Closing of defence evidence by order One effective opportunity granted to lead defence evidence subject to payment of costs of Rs.25000

By | February 9th, 2020|Cheque Bounce|

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Dishonour of Cheque—Existing Liability—After issuance of alleged cheque, petitioner had made payment in the account of complainant-Complaint quashed

By | February 2nd, 2020|Cheque Bounce|

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January 2020

Dishonour of Cheque—Evidence on Affidavit—Accused while appearing as witness in defence cannot be allowed to lead his evidence on affidavit

By | January 26th, 2020|Cheque Bounce|

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Closing of Evidence—Non presence of witness—If a witness does not appear despite service, the trial Court must adopt coercive steps to secure their presence rather than closing the evidence

By | January 14th, 2020|Cheque Bounce|

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Dishonour of Cheque–Re-examination of complainant–For placing on record partnership deed of the firm—Petition allowed for the limited purpose of tendering the partnership deed on record and not on other aspects qua which his cross-examination has already been effected

By | January 14th, 2020|Cheque Bounce|

Comments Off on Dishonour of Cheque–Re-examination of complainant–For placing on record partnership deed of the firm—Petition allowed for the limited purpose of tendering the partnership deed on record and not on other aspects qua which his cross-examination has already been effected

Dishonour of Cheque—Presumption can be proved to have been rebutted even from the evidence led by the prosecution Dishonour of Cheque—Presumption of Debt—Once it is proved that accused has raised a probable defence and the accused has failed to prove his financial capacity, then it would not be appropriate to order conviction

By | January 11th, 2020|Cheque Bounce|

Comments Off on Dishonour of Cheque—Presumption can be proved to have been rebutted even from the evidence led by the prosecution Dishonour of Cheque—Presumption of Debt—Once it is proved that accused has raised a probable defence and the accused has failed to prove his financial capacity, then it would not be appropriate to order conviction

December 2019

Dishonour of Cheque—Consecutive running of sentences—Two different cheques were subject matter of two different complaints filed separately- -Sentence awarded to run consecutively

By | December 26th, 2019|Cheque Bounce|

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Dishonour of Cheque—Concurrent running of sentence—Convicts have made a bona fide attempt to pay and settle the dispute; some amount had been paid—Entitled for discretion of Court

By | December 25th, 2019|Cheque Bounce|

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Dishonour of Cheque—Blank Cheque—Even if it is undisputed that blank signed undated cheque was issued by the drawer, proceedings cannot be quashed Dishonour of Cheque—Material Alteration—Filling up date and amount in already signed cheque would not amount to material alteration

By | December 22nd, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Blank Cheque—Even if it is undisputed that blank signed undated cheque was issued by the drawer, proceedings cannot be quashed Dishonour of Cheque—Material Alteration—Filling up date and amount in already signed cheque would not amount to material alteration

Dishonour of Cheque—Non compliance of compromise in mediation- Conviction cannot ipso facto be recorded on the basis of the statement made by him towards compromise

By | December 21st, 2019|Cheque Bounce|

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Dishonour of Cheque—Surety Bond—Prayer for single personal bond and surety bond in several cases cannot be accepted unless accused had appeared in all cases

By | December 15th, 2019|Cheque Bounce|

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Dishonour of Cheque-Advancement of Loan-Acquittal-Admittedly loan was advanced on 01.10.2016 with currency notes having denomination of Rs. 2,000/- whereas the such currency notes were not in existence at that time-Liability as alleged by complainant not established-Accused acquitted.  

By | December 9th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque-Advancement of Loan-Acquittal-Admittedly loan was advanced on 01.10.2016 with currency notes having denomination of Rs. 2,000/- whereas the such currency notes were not in existence at that time-Liability as alleged by complainant not established-Accused acquitted.  

November 2019