December 2019

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|

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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|

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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|

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Dishonour of Cheque—Evidence by affidavit—Accused, while appearing as his own witness in defence; does not have any right to lead the evidence by way of affidavit.

By | October 2nd, 2019|Cheque Bounce|

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Held; it would be travesty of justice, if the accused, who has remained under a mistaken impression that he can drag the proceedings as per his choice, is suddenly denied the opportunity to cross-examine the complainant—Negotiable Instruments Act, 1881, S. 138.                   

By | October 2nd, 2019|Cheque Bounce|

Comments Off on Held; it would be travesty of justice, if the accused, who has remained under a mistaken impression that he can drag the proceedings as per his choice, is suddenly denied the opportunity to cross-examine the complainant—Negotiable Instruments Act, 1881, S. 138.                   

August 2019

Negotiable Instruments Act, 1881, S.138—Dishonour of Cheque—Part Payment—After filing of complaint, making of part payment of cheque amount, is not sufficient to exonerate accused of the charge u/s 138 N.I Act.

By | August 25th, 2019|Cheque Bounce|

Comments Off on Negotiable Instruments Act, 1881, S.138—Dishonour of Cheque—Part Payment—After filing of complaint, making of part payment of cheque amount, is not sufficient to exonerate accused of the charge u/s 138 N.I Act.

Complainant cross examination – the present petition is disposed of with a direction that the accused shall be granted one last opportunity to cross-examine the complainant/witness on the next date of hearing fixed before the trial Court i.e. 27.11.2018, subject to payment of Rs.5,000/- as costs, to be paid to the complainant.

By | August 12th, 2019|Cheque Bounce|

Comments Off on Complainant cross examination – the present petition is disposed of with a direction that the accused shall be granted one last opportunity to cross-examine the complainant/witness on the next date of hearing fixed before the trial Court i.e. 27.11.2018, subject to payment of Rs.5,000/- as costs, to be paid to the complainant.

July 2019

Dishonour ofCheque- Rebuttable Presumption-The presumption under Section 139 of the Nl Act can be rebutted by raising a probable defence

By | July 23rd, 2019|Cheque Bounce|

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Dishonour of Cheque—Advancement of Loan—There is no statutory requirement for production of Income Tax Returns to prove source of money and/or ability to advance loan

By | July 23rd, 2019|Cheque Bounce|

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The provisions under Section 138 of the Act applies to a cheque issued for the discharge, in whole or in part or any other liability— Therefore, finding of the trial court that complaint under Section 138 of the Act was not maintainable on account of alleging partial liability of the respondent is illegal and is set aside

By | July 23rd, 2019|Cheque Bounce|

Comments Off on The provisions under Section 138 of the Act applies to a cheque issued for the discharge, in whole or in part or any other liability— Therefore, finding of the trial court that complaint under Section 138 of the Act was not maintainable on account of alleging partial liability of the respondent is illegal and is set aside

ACQUITTAL CHEQUE DISHONOUR — Further stated that he has not shown the loan paid by him to the accused in his income-tax return. He accepted the suggestion that from statement of account, it is clear that except the cheques in question maximum balance in the account of the complainant has never exceeded Rs. 16,000/- during course of their business transactions

By | July 23rd, 2019|Cheque Bounce|

Comments Off on ACQUITTAL CHEQUE DISHONOUR — Further stated that he has not shown the loan paid by him to the accused in his income-tax return. He accepted the suggestion that from statement of account, it is clear that except the cheques in question maximum balance in the account of the complainant has never exceeded Rs. 16,000/- during course of their business transactions