Cheque Bounce Dishonour of cheque – Quashing of complaint – Mere fact that a suit is pending before the High Court challenging the validity of the compromise deed would furnish no cogent basis to quash the proceedings under Section 138 – Once the ingredients of Section 138 of the NI Act are fulfilled, the statute clearly stipulates that “such person shall be deemed to have committed an offence” -Question as to whether the liability exists or not is clearly a matter of trial . serious error ofSingle Judge in allowing the petition under Section 482 to quash October 11, 2021 phlaw
Cheque Bounce SCOI HELD that deposit of fine amount cannot be made a condition precedent for hearing revision petition under Section 397 of the Criminal Procedure Code. August 8, 2021 phlaw
Cheque Bounce A. Negotiable Instruments Act, 1881 (NI) – Section 138 – Criminal Procedure Code, 1973 (CrPC) – Section 258 – Cheque Bouncing Cases – Power to Stop Proceedings – Section 258 of the Code is not applicable to complaints under Section 138 of the Act. B. Negotiable Instruments Act, 1881 (NI) – Section 138 – Dishonour of cheque – Expeditious Trial – Directions April 18, 2021 phlaw
Cheque Bounce Dishonor of Cheque—Additional Evidence—Petitioner had availed four opportunities but failed to produce even a single witness in his defence evidence—However, petitioner is given one effective opportunity subject to payment of costs March 24, 2021 phlaw
Cheque Bounce Dishonor of Cheque—Examination of Witness—Complainant sought to examine his son as witness on ground his ill health—Plea found to be false–No reason given as to why his son was not cited as a witness at the initial stage—Application dismissed March 24, 2021 phlaw
Cheque Bounce Dishonour of Cheque – Presumption – Discharge of debt – Even a blank cheque leaf, voluntarily signed and handed over by the accused, which is towards some payment, would attract presumption under Section 139 of the Negotiable Instruments Act, February 14, 2021 phlaw
Cheque Bounce Cheque – It is the case of the petitioner that he never remained the Director of Company at any stage and this fact is not disputed in the reply—All summoning orders and subsequent proceedings being therefore, qua petitioner set aside January 30, 2021 phlaw
Cheque Bounce Dishonor of Cheque—Quashing—Plea of lack of jurisdiction by trial Court—Petitioners have rushed to High Court instead of availing of appropriate remedy in the Courts below—Petition dismissed January 26, 2021 phlaw
Cheque Bounce Dishonor of Cheque—Compounding of Offence—Costs can be reduced or even waived off January 3, 2021 phlaw
Cheque Bounce Dishonor of Cheque—Examination of accused as his own witness-Trial in a criminal case is intended to discover the truth for just and proper decision of the case—Application allowed January 3, 2021 phlaw
