Search Results for Tag : Dishonour
Judgments
Failure to cross examine witness on material portions of deposition must be taken as being truthful and credible(07.12.2016)
Plaintiff had filed present suit for a summary decree in sum of Rs.1,49,50,000/- with interest @ 18% p.a. on amount of Rs.1,00,00,000/¬ from .....
Tags : Agreement, Dues payment, Dishonour
Accused had to prove in the trial by leading cogent evidence that, there was no debt or liability(29.10.2018)
It is the case of the Complainant that, the Accused borrowed a sum of Rs. 25,000 from him and in discharge of the said loan, the Accused issued the ch.....
Tags : Cheque, Dishonour, Acquittal, Validity
If the special statute provides a different procedure, the provisions of the Cr. PC would not apply to the extent of inconsistency(07.07.2020)
By means of present petition filed under Section 397/401 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC), the order taking cognizance.....
Tags : Dishonour, Cheque, Cognizance, Legality
Director of Company can be liable for dishonour of cheque, if he was in charge of day-to-day affairs of the company or a signatory to the cheque(15.03.2024)
The present appeals challenge the common judgment and order passed by the High Court, whereby the High Court rejected the prayer for quashing of compl.....
Tags : Cheque dishonour, Liability, Director
If cheque amount with assessed cost and interest has been paid, proceedings can be closed even in absence of complainant(01.01.2019)
The complainant/Respondent No. 1 instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petitioner on th.....
Tags : Proceedings, Cheque, Dishonour, Compounding thereof
Post-dated cheques given as security against advance do not constitute a legally enforceable liability(14.08.2015)
When cheques are given as security against an advance, and could not be encashed unless the account between the parties was settled, the amount of suc.....
Tags : Cheque, dishonour, enforceable liability, post-dated
Jurisdiction vested where cheque delivered for collection(24.11.2015)
The Supreme Court accepted the explanation that pursuant to the Negotiable Instruments (Amendment) Second Ordinance, 2015, “the place where a cheque i.....
Tags : Dishonoured cheque, jurisdiction, collection, drawee
News
Meghalaya HC: Dishonored Cheque Must Have Been Issued by Account Holder U/S.138 NI Act(18.05.2022)
Meghalaya High Court has reiterated that the dishonoured cheque must have been issued by the account holder under his name and signature for an offenc.....
Tags : Meghalaya High Court, Dishonoured Cheque, Section 138, Negotiable Instruments Act, 1881
Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)
Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....
Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour
Accused and His Witnesses can Lead Evidence on Affidavit in Dishonour of Cheque Trial: Gujarat HC(31.01.2019)
Gujarat High Court has held that just like the witnesses, the accused in a case filed under Section 138 of the Negotiable Instruments Act can also lea.....
Tags : Gujarat High Court, Dishonour of Cheque Trial
CRIMINAL - Presence of Complainant Not Required to Take Cognizance in Dishonour of Cheque Case: Kerala HC(28.02.2019)
Kerala High Court has held that presence of complainant is not necessary to take cognizance of a cheque bouncing case under Section 138 of Negotiable .....
Tags : Kerela High Court, Cognizance in Dishonour of Cheque Case
SC Seeks Views on Creation of Additional Courts for Trial of Cheque Dishonour Cases(25.02.2021)
Supreme Court has sought the views of the Central Government on the creation of additional Courts for the trial of cheque dishonour cases under Sectio.....
Tags : Supreme Court, Trial of Cheque Dishonour Cases
Orissa HC: Person in Charge of Trust Can't Be Arraigned Without Impleading Trust Itself(05.12.2022)
Orissa High Court has held that a person in charge of a Trust can’t be impleaded as an accused for dishonour of cheque, under Section 138 of Negotiabl.....
Tags : Orissa High Court, Negotiable Instruments, Dishonour, Trust
Delhi HC Rejects Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case(21.07.2017)
Delhi High Court has dismissed a plea filed by a woman against a lower court’s’ decree in a suit for dishonour of cheque of Rs. 3.96 lakh passed almos.....
Tags : Delhi High Court, Cheque Dishonour Case
SC Issues Directions to Expedite Trial of Cheque Dishonour Cases(16.04.2021)
Supreme Court has issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881.....
Tags : Supreme Court, Expedite Trial of Cheque Dishonour Cases
Allahabad HC: Complaint for Dishonour of Cheque Cannot be Dismissed Because Date Not Mentioned(15.06.2021)
Allahabad High Court has held that a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, cannot be dismissed .....
Tags : Allahabad High Court, Complaint for Dishonour of Cheque
Del HC: Making Chairpersons Liable for Cheque Dishonour Would Unfairly Expand Vicarious Liability(18.04.2023)
Delhi High Court has quashing cheque dishonor proceedings under Section 138 of Negotiable Instruments Act, observed that holding chairpersons liable f.....
Tags : Delhi High Court, Cheque Dishonour, Vicarious Liability
SC: Interim Compensation in Cheque Dishonour Case can be Given Only After Accused Pleads Not Guilty(18.07.2023)
Supreme Court has held that interim compensation in cheque dishonour case can be granted only after the accused has pleaded not guilty as per section .....
Tags : Supreme Court, Interim Compensation, Cheque Dishonour
Bom. HC: Magistrate Needn’t Provide Additional Reasons for Amount of Interim Compensation Awarded(29.09.2023)
Bombay High Court has held that as long as requirements provided in Section 143A of the Negotiable Instruments Act, 1881 are met, Magistrate is not ob.....
Tags : Bombay High Court, Interim Compensation, Cheque Dishonour
SC: Complaint under Section 138 Valid Against Dishonour of Cheque Issued Pursuant to Lok Adalat Award(08.11.2019)
Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act, 1881for dishonor of cheque issued pursuant to the Lok.....
Tags : SC, Dishonour of Cheque
SC: Only Person Responsible for the Conduct of Company’s Business is Liable for Dishonour of Cheque(11.10.2023)
Supreme Court has held that only that person who, at the time the offence was committed, was in charge and responsible to the company for the conduct .....
Tags : Supreme Court, Dishonour of Cheque, Company
SC: Cheque Dishonour Proceedings to be Quashed Once Settlement Deed is Signed by the Complainant(09.01.2024)
Supreme Court has held that once settlement has been arrived at and the complainant has signed the deed accepting a particular amount in full and fina.....
Tags : Supreme Court, Cheque Dishonour, Settlement Deed
RBI Relaxes Norms in Cheque Dishonour Cases(05.08.2016)
Reserve Bank of India (RBI) has relaxed norms in cheque dishonour cases of Rs 1 crore and above.
Tags : Reserve Bank of India , Cheque Dishonour Cases
J&K&L HC: Dishonour of Cheque Due to Incomplete Signature Offence u/s 138 of NI Act(05.01.2022)
Jammu and Kashmir and Ladakh High Court has held that the dishonour of a cheque for the reason that there were incomplete signatures appearing on the .....
Tags : Jammu and Kashmir and Ladakh High Court, Dishonour of Cheque, Incomplete Signature
Bombay HC: Once Payment Applied as Per Creditor Discretion, No Plea on Dishonoured Cheque(24.01.2022)
Bombay High Court has held that once a payment has been applied as per creditor's discretion under Section 60 of the Contract Act, 1872 to a few of th.....
Tags : Bombay High Court, Dishonoured Cheque