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...
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...
Criminal Law - Bank Fraud – Criminal Conspiracy – Misuse of Credit Facility – Conviction Upheld – The accused, in conspiracy with a bank manager, obtained fraudulent credit facilities, causing wrongful loss to the bank – Loan limits were enhanced despite non-payment of earlier dues, and cheques presented by the accused were dishonored – Held: The appellants coll...
Negotiable Instruments – Power of Attorney Holder Conducting Case – Trial Court’s Rejection Not Justified – The petitioner, who had filed a complaint under Section 138 of the NI Act, left for the UK for studies and appointed her father as power of attorney holder to conduct the case – The Trial Court rejected the application on the ground that the complaint did not co...
Negotiable Instruments Act – Dishonor of Cheques – Rebuttal of Presumption – Sections 118(a) & 139 NI Act – Accused Successfully Discharged Burden – Petitioner Failed to Prove Legally Enforceable Debt – Held: The respondent rebutted the presumption under Sections 118(a) & 139 of the NI Act by establishing that the cheques in question were not issued for ...
