January 2020

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

Dishonour of Cheque—Notice—Merely because the notice was not responded to, would not be a ground to initiate prosecution by issuing summoning orders

By | November 21st, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Notice—Merely because the notice was not responded to, would not be a ground to initiate prosecution by issuing summoning orders

Dishonour of Cheque—Offence by Company-Summoning orders are not liable to be quashed merely because Form 32 has not been filed

By | November 21st, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Offence by Company-Summoning orders are not liable to be quashed merely because Form 32 has not been filed

Dishonour of Cheque—Offence by Company—Directions issued to trial court to insist upon production of Form 32 and annual return before summoning Dishonour of Cheque—Notice—Averments made in the legal notice cannot be constructed to be averments made in the complaint

By | November 21st, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque—Offence by Company—Directions issued to trial court to insist upon production of Form 32 and annual return before summoning Dishonour of Cheque—Notice—Averments made in the legal notice cannot be constructed to be averments made in the complaint

Dishonour of Cheque—Presumption of Debt—Once the initial presumption stands rebutted, the complainant is required to prove its case beyond reasonable doubt

By | November 18th, 2019|Cheque Bounce|

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Negotiable Instruments Act, 1881, S. 138-Dishonour of Cheque-Notice- Merely because the complainant had not warned the accused of legal action on failure to pay the amount in the demand notice does not make the notice invalid.  

By | November 18th, 2019|Cheque Bounce|

Comments Off on Negotiable Instruments Act, 1881, S. 138-Dishonour of Cheque-Notice- Merely because the complainant had not warned the accused of legal action on failure to pay the amount in the demand notice does not make the notice invalid.  

Dishonour of Cheque—Cheque issued in furtherance of compromise which did not materialised—No offence under S.138 of N.I Act is made out

By | November 17th, 2019|Cheque Bounce|

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Dishonour of Cheque- Probable Defence-Acquittal—Admittedly, complainant had accompanied the accused for opening of account and also stood as his gurantor-Complainant was also present when cheque book was issued to accused—Complainant failed to prove the legal liability against which cheque was issued-Accused took defence that he did not knew how to operate bank account and complainant had got done all the formalities and had misused the cheque- -Defence taken by accused is probable—Presumption of Debt stands rebutted-Accused acquitted.

By | November 17th, 2019|Cheque Bounce|

Comments Off on Dishonour of Cheque- Probable Defence-Acquittal—Admittedly, complainant had accompanied the accused for opening of account and also stood as his gurantor-Complainant was also present when cheque book was issued to accused—Complainant failed to prove the legal liability against which cheque was issued-Accused took defence that he did not knew how to operate bank account and complainant had got done all the formalities and had misused the cheque- -Defence taken by accused is probable—Presumption of Debt stands rebutted-Accused acquitted.

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|

Comments Off on 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.