Criminal Law – Dishonour of Cheque – Conviction under Section 138 of Negotiable Instruments Act – Accused issued cheque for ₹5 lakh towards repayment of debt, which was dishonoured due to insufficient funds – Complainant issued legal notice but cheque remained unpaid – Trial Court convicted accused, sentenced him to 6 months simple imprisonment and fine – Appe...
Negotiable Instruments Act – Section 138 – Valid Loan Transaction and Dishonoured Cheque – Conviction Upheld - The petitioner contended that no loan was availed and the cheque was misused – The Court upheld concurrent findings of both courts holding that the accused had availed Rs.1 crore as loan and had issued cheque (Ex.P4) and acknowledgment (Ex.P2 & Ex.P3) – D...
Criminal Law – Quashing - Cheque Dishonour – Section 138 NI Act - Suppression of Material Facts by Complainant – Complaint Quashed – Respondent filed complaint without disclosing crucial letters from accused requesting documents to respond to statutory notice – SC held: Suppression of relevant facts amounts to abuse of legal process – Complaint and cognizance qu...
Criminal Law – NI Act – Territorial Jurisdiction – Rejection of Complaint Reversed – Post-Dasharath Jurisdiction Clarified – Trial Court rejected complaint on grounds that the cheque dishonour occurred outside its territorial jurisdiction – High Court held complaint maintainable since accused had appeared and pleaded “not guilty” before Dasharath Roo...
Negotiable Instruments Act – Dishonour of Cheques – Moratorium under IBC – Quashing of Criminal Proceedings – Appeal Allowed – The appellant, a director of a corporate debtor, issued cheques that were dishonoured, leading to a complaint under Section 138 of the NI Act – A moratorium under Section 14 of the IBC was imposed before the completion of the statutory 1...
Criminal Law – Negotiable Instruments Act – Rebutting Presumption under Section 139 – Proof of Coercion in Issuance of Cheque – Petitioner attempted to introduce a prior complaint alleging that the respondent forcibly obtained the cheque in question – High Court held: While an accused can rebut the presumption under Section 139 of the NI Act, a self-serving complaint ...
Criminal Law – Transfer of Criminal Cases – Negotiable Instruments Act – Territorial Jurisdiction for Cheque Dishonour Cases – Complaint Validly Filed in Chandigarh - The petitioner contended that no cause of action arose in Chandigarh and that the complaint should have been filed in Coimbatore—Court held that under Section 142(2)(a) of the NI Act, the jurisdiction to...
Negotiable Instruments Act – Dishonor of Cheque – Appeal against Acquittal – Right of Complainant to Appeal – Section 138 and Section 142 of the N.I. Act – Section 378(4) and Section 372 of Cr.P.C. – Revision Allowed – The appellate court dismissed the complainant’s appeal against acquittal as not maintainable, holding that a complainant under Sectio...
Negotiable Instruments Act – Single Complaint for Multiple Cheques – Whether Maintainable – The petitioner challenged the complaint under Section 138 of the NI Act, arguing that separate complaints should have been filed for each of the four dishonoured cheques – Contended that under Section 219 CrPC, no more than three offences can be tried together – Held: A single ...
Negotiable Instruments Act – Section 138 – Dishonour of Cheques – Legally Enforceable Debt – Lease Agreement – The appellant issued four post-dated cheques amounting to ₹9,00,000/- as security deposit refund under a lease agreement – Upon dishonour, the respondent filed criminal complaints – The Trial Court convicted the appellant but awarded only ₹3,0...
