Criminal Law - Cheque Dishonour – Presumption under Sections 118(a) and 139 N.I. Act – Presumption Rebutted – The accused successfully rebutted the statutory presumption by proving that the cheque was issued as security for a smaller loan that had already been settled via an MoU – Police complaint regarding cheque misuse filed prior to dishonour – Supreme Court held t...
Criminal Law - Negotiable Instruments Act – Quashing of Conviction – Section 138 – Settlement Reached - The petitioner challenged the Karnataka High Court’s decision which had set aside the conviction and sentence of the accused under Section 138 of the NI Act – During hearing, parties arrived at a consensual arrangement for partial release of deposited amounts and ph...
Criminal Law - Dishonour of Cheque – Legal Presumption under NI Act – Conviction Upheld - Accused admitted issuance of cheque but claimed it was issued in connection with a proposed joint business – Trial Court and Appellate Court held that presumption under Sections 118 and 139 of the NI Act was not rebutted – Accused failed to lead any defence evidence despite ample oppor...
Criminal Law - Cross-examination – Discretionary Recall Power – Denied for Delay and Abuse – Petition Dismissed – Petitioners sought to recall complainant witness under Section 311 CrPC, citing medical issues of previous counsel – Court found this unsubstantiated and held repeated non-appearance and adjournments amounted to abuse of process – Held: Recall not a ...
Section 138 of Negotiable Instruments Act – Compounding of Offence – Consent of Complainant Mandatory – Petition Dismissed – The petitioners sought compounding of offence under Section 138 NI Act after a delay of over 12 years, but the complainant did not consent – Held: As per settled legal position, compounding under Section 147 NI Act cannot be allowed without comp...
Civil Law - Second Appeal – Scope under Section 100 CPC – No Substantial Question of Law – Appeal Dismissed – The appellants failed to show any substantial question of law warranting interference under Section 100 CPC – Held: High Court cannot re-evaluate findings of fact where concurrent findings of two courts exist and evidence has been properly appreciated [Paras 1...
Compounding of Offence – Section 138 NI Act – Consent of Complainant Mandatory – Application Dismissed - The petitioner sought compounding of the offence on the basis of partial deposit of compensation – The complainant opposed the request and refused to consent – Held: Compounding under Section 138 read with Section 147 NI Act requires consent of complainant; Courts ...
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...
