Cheque Dishonor – Section 138 of NI Act - Conviction and Sentence Set aside - Criminal Revision against lower court's conviction and sentence under Section 138 of Negotiable Instruments Act, 1881 - Petitioner convicted for dishonoring cheque issued as security - Petitioner contends cheque issued as security for another person's liability, not his own - Defense argues cheque issued wi...
Negotiable Instruments Act – Section 138 – Maintainability of Complaint – Complaint Filed by Power of Attorney Holder – Quashing of Summons and Complaint – Sole Proprietor Authorised Manager to File Complaint – Trial Court Issued Summons Based on Sufficient Evidence – High Court Quashed Complaint on Grounds of Lack of Explicit Averments Regarding Personal ...
Negotiable Instruments Act – Complaint filed by Power of Attorney Holder in their own name – Not Maintainable – A power of attorney holder cannot file a complaint under Section 138 of the N.I. Act in their own name but may do so on behalf of the payee or holder in due course. The complaint is invalid unless the power of attorney holder has personal knowledge of the transaction, a...
Negotiable Instruments Act, 1881 – Section 138 – Dishonour of Cheques – Essential Ingredients – Complaint filed under Section 138 of the NI Act lacked specific averments that the appellant, as the authorized signatory of the company, was in charge of and responsible for the conduct of its business – Held: Such averments are statutorily mandatory to maintain a complain...
Criminal Law – Negotiable Instruments Act – Deposit of Compensation – The petitioner challenged the order directing him to deposit 20% of the compensation amount as a condition for the suspension of his sentence under Section 138 of the NI Act. The High Court dismissed the petition, emphasizing that the order is consistent with the statutory obligation under Section 148...
Negotiable Instruments Act – Cheque Dishonour – Presumption under Sections 118 and 139 – The petitioner was convicted for issuing a cheque, which was dishonoured for insufficient funds, towards the payment of apple packaging material purchased from the respondent. The trial court and the appellate court both found the petitioner guilty under Section 138 of the Negotiable Instrume...
Service Law – Recruitment Process – Petition challenging recruitment and transfer process for Range Forest Officers – Petitioner ineligible based on service duration at notification time – Tribunal's dismissal upheld – High Court emphasizes strict adherence to eligibility criteria and procedural rules in recruitment [Paras 1-11].
Public Service Commission Rules...
Dishonor of Cheque – Acquittal - Presumption Under Section 139 NI Act – Leave to Appeal Denied – The petitioner appealed an acquittal in a Section 138 NI Act case, asserting that the respondent issued a dishonored cheque to repay a loan. Held: Section 139 of the NI Act creates a presumption in favor of debt or liability. However, this presumption is rebuttable, and the accused ne...
Negotiable Instruments Act, 1881 – Section 138 – Conviction – Deposit Condition under Section 148 – Authorized Signatory's Liability - Authorized Signatory Liability – Deposit Condition Quashed - appellant, an authorized signatory/director of M/s. Gee Pee Infotech Pvt. Ltd., challenged the requirement to deposit 20% of the fine amount as a condition for susp...
Negotiable Instruments Act – Dishonour of Cheque – Appellant/complainant alleged issuance of cheque for payment of goods supplied – Cheque dishonoured due to insufficient funds – Trial court convicted accused – Sessions court acquitted accused, citing lack of reliable evidence and procedural lapses – High Court upheld acquittal [Paras 1-16].
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