October 2020

Held; once cheque for total outstanding was issued than earlier cheque for payment of EMI becomes unenforceable—Complainant could not be allowed to recover the same loan amount twice-Present complaint dismissed-Accused acquitted.

By | October 25th, 2020|Cheque Bounce|

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September 2020

Dishonour of Cheque—Time barred Debt—Issuance of Cheque in the year 2013 in respect of the alleged liability arose in the year 2006—Complaint not maintainable

By | September 20th, 2020|Cheque Bounce|

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Dishonour of Cheque—Dismissal of complaint—It does not give a handle to the accused to launch the defamation proceedings against the complainant

By | September 16th, 2020|Cheque Bounce|

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Dishonour of Cheque—Time barred Debt—There was no acknowledgment of the said debt by the accused within the period of three years i.e. the limitation period to recover the debt—Complaint quashed

By | September 16th, 2020|Cheque Bounce|

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Dishonour of Cheque—Advancement of Loan—FIR was registered against son of complainant on statement of son of accused—Version that complainant had given friendly loan to the accused that too after registration of FIR is not believable—Acquittal upheld

By | September 6th, 2020|Cheque Bounce|

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Dishonour of Cheque—Advancement of Loan—Complainant failed to prove his financial capacity of lending such a huge amount—Admittedly, he himself was under the debt—Acquittal upheld

By | September 6th, 2020|Cheque Bounce|

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Dishonour of Cheque—Advancement of Loan—Nothing on record to prove that the complainant knows much about the accused nor he has any written acknowledgment regarding lending big amount to the accused-Accused acquitted

By | September 6th, 2020|Cheque Bounce|

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Dishonour of Cheque—Security Cheque—Admittedly, cheques were given for the sake of safe dealing of agreement to sell for property-Accused acquitted

By | September 6th, 2020|Cheque Bounce|

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Dishonour of Cheque—Advancement of Loan—Complainant has not disclosed his source of income—Financial condition of the complainant is not such as to advance such a huge amount of money i.e. Rs.3,00,000/- –Accused acquitted

By | September 6th, 2020|Cheque Bounce|

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Dishonour of Cheque—Additional Evidence in Appeal—Statement of accounts and book of accounts sought to be produced–Allowing of the applications will amount to re-trial of the case-­Application dismissed

By | September 6th, 2020|Cheque Bounce|

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August 2020

N I Act, 1881 – S 138 – CrPC, 1973 – Ss 82, 385 and 386 – Dishonour of cheque – Appeal , lawyer absent. Held, The plain language of Ss 385-386 does not contemplate dismissal of the appeal for non- prosecution simplicitor.

By | August 3rd, 2020|Cheque Bounce|

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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|

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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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