Cheque Bounce Summoning order had already been passed — Accused had not put in appearance even once by that time — Resorting to the step of axing down the complaint by dismissing it in default cannot be held to be a proper exercise of power envisaged under Section 256 Cr.P.C. — Complaint restored by Ld. A.S.J in revision – Order upheld. January 15, 2023 phlaw
Cheque Bounce Partnership firm not arrayed as an accused – There cannot be any vicarious liability of the partner of a partnership firm unless there is a prosecution against the partnership firm – Complaint dismissed January 10, 2023 phlaw
Cheque Bounce Cheque Dishonour – Company – By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company. HELD Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for conduct of its business November 27, 2022November 27, 2022 phlaw
Cheque Bounce Lok Adalat Argument that the JD-respondent ought to be arrested for non-compliance of the order passed by the Permanent Lok Adalat cannot be accepted in view of the fact that arrest would be a measure of last resort and in the case, some property of the JD-respondent already stands attached and the Executing Court November 20, 2022 phlaw
Cheque Bounce Cheque bounce – -Purpose of trial is to elicit truth — Trial should not be fair only to the accused but it should also be fair to the complainant/prosecution — Petitioner permitted to lead the evidence by way of additional documents. November 20, 2022 phlaw
Cheque Bounce Cheque bounce the entire payment was made in cash, Section 269 SS of Income Tax Act prohibits acceptance of deposit/loan in cash in excess of Rs.20,000/, different pen was used to sign and fill columns of cheque and no document was executed at the time of alleged payment of Rs.5 lakhs in cash – Trial court acquitted the accused rightly November 20, 2022 phlaw
Cheque Bounce Whether cheque was issued for time barred debt or not cannot be decided in quashing petition under Section 482 CrPC: Supreme Court The Court quashed an order of the Punjab and Haryana High Court which had set aside a cheque bounce case under Section 138 of the Negotiable Instruments Act. October 30, 2022 phlaw
Cheque Bounce U/S 56 r w S 15 of the N I Act, 1881, an endorsement may be made by recording the part-payment of the debt in the cheque or in a note appended to the cheque – If the unendorsed cheque is dishonoured on presentation, the offence u/ S 138 would not be attracted since the cheque does not represent a legally enforceable debt at the time of encashment. October 12, 2022 phlaw
Cheque Bounce Dishonour of cheque – Offence by company – High Court should not interfere under Section 482 of the Code at the instance of an accused unless it comes across some unimpeachable and incontrovertible evidence to indicate that the Director/partner of a firm could not have been concerned with the issuance of cheques. September 20, 2022 phlaw
Cheque Bounce HELD where Complaint reveals that the sole proprietary concern has not been arrayed as an accused, but only its sole proprietor has been arrayed as an accused – Petition allowed complaint u/s of the N.I. Act as well as, the summoning order both are quashed and set aside. September 18, 2022 phlaw
