Negotiable Instruments Act – Limitation for Filing Complaint – Section 142(b) NI Act – Delay of Five Days – No Application for Condonation – Proceedings Quashed – Complaint under Section 138 filed beyond 30-day statutory period – Trial Court erroneously assumed filing was within limitation and issued summons; High Court upheld – Supreme Court held co...
Negotiable Instruments Act – Conviction under Section 138 – Presumption Properly Raised – Appeal Dismissed – The appellant challenged the High Court's reversal of acquittal and conviction under Section 138 NI Act, arguing that foundational facts were not proved and no presumption under Sections 118 and 139 should have been raised – Held: Respondent had proved foun...
Negotiable Instruments – S.138 – Presumptions under Ss.118 & 139 – Cash loans over ₹20,000 not void for S.269SS breach; presumption still arises – Revisional court cannot upset concurrent findings absent perversity – Non-reply to demand notice permits adverse inference – “Blank cheque given to help secure bank loan” defence held unbelievable &n...
Negotiable Instruments – Cheque Dishonour – Section 138 NI Act – Accused issued multiple cheques to appellant financial firm in discharge of loan liability – All cheques returned dishonoured due to insufficient funds – Trial Court acquitted the accused in all four cases – Complainant’s application for leave to appeal under Section 378(4) CrPC dismissed by ...
NI Act, S.138(b) — Notice must demand the very cheque amount — Any variance renders notice invalid — Typographical error no defence — Complaint rightly quashed — Appeals dismissed
Negotiable Instruments — Section 138(b) — Meaning of “said amount of money” — Notice must demand the cheque amount and none other — Demand for a figure...
Criminal Law – Appeal Against Acquittal – Dishonour of Cheque – Maintainability – Applicant filed for leave to appeal under Section 378(4) CrPC against acquittal in complaint under Section 138 of N.I. Act – Held: In view of the Supreme Court decision in M/s. Celestium Financial v. A. Gnanasekaran, complainant in a cheque dishonour case is a "victim" under Se...
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 – Dishonour of Cheque – Appeal Against Acquittal – Complainant filed appeal challenging acquittal of accused under Section 138 of the Negotiable Instruments Act – Accused issued cheque for ₹4,00,000 towards alleged discharge of liability – Trial court convicted accused – Appellate court (Sessions Court) acquitted her – High Court held: Acqui...
Negotiable Instruments Act – Dishonour of Cheque – Dismissal in Default – Right to Appeal – Complainant's cheque dishonour complaint was dismissed for want of prosecution – High Court held that such dismissal amounts to acquittal – In light of Supreme Court ruling in M/s Celestium Financial v. A. Gnanasekaran, a complainant in a private complaint u...
Negotiable Instruments – Section 138 Conviction – Revisional Jurisdiction – High Court cannot re-appreciate evidence under Art. 227/Section 482 CrPC – Change of company name does not invalidate complaint – Authorised representative proved – Defence payments not proved – Concurrent findings upheld – Revision dismissed [Paras 25–33].
Negotiabl...