Absence of Videography Alone Not Sufficient For Bail When Custody is Less Than a Year: Delhi High Court Refuses Bail in Commercial Quantity Heroin Penalty Must Not Result in Civil Death of Professionals: Delhi High Court Reduces Two-Year Suspension of Insolvency Professional, Citing Disproportionate Punishment Right of Cross-Examination is Statutory, Cannot Be Denied When Documents Are Exhibited Later: Chhattisgarh High Court Allows Re-Cross-Examination Compounding after Adjudication is Impermissible under FEMA: Calcutta High Court Declines Post-Adjudication Compounding Plea Tears of a Child Speak Louder Than Words: Bombay HC Confirms Life Term for Man Who Raped 4-Year-Old Alleged Dowry Death After Forced Remarriage: Allahabad High Court Finds No Evidence of Strangulation or Demand

"CHEQUE BOUNCE & BANKING LAW" Digest

Section 138, NI Act – Quashing - Director’s Resignation – Issuance of Cheques Post-Resignation – Section 138 and 141 of the NI Act – Complaint Quashed – The appellant ceased to be a director of the company before the cheques were issued and dishonored – The fact of resignation was undisputed and acknowledged by the Registrar of Companies – Held: The ...

Negotiable Instruments Act, 1881 – Section 138 and 139 – Dishonour of Cheque – Petitioner sought to file appeal against acquittal of respondent – Memorandum of Understanding (MoU) between petitioner and respondent involving business transaction – Cheque issued by respondent towards part-payment of legally enforceable debt – Dishonour of cheque due to “S...

Criminal Law – Special Leave to Appeal – Petition filed under Section 378 (3) Cr.P.C. – Assailing acquittal in cheque bounce case where cheque issued by respondent was dishonored due to insufficient funds – Trial court acquitted respondent – Petitioner sought leave to appeal [Paras 1-4].   Section 138, 139 of Negotiable Instruments Act – Presumption a...

Negotiable Instruments Act – Section 148 – Deposit of Compensation – Legislative Intent – High Court dismissed subsequent petition under Section 482 CrPC for lack of leave in an earlier withdrawal – Held: Section 148 allows appellate discretion to waive the 20% deposit in exceptional cases – Appellants’ second petition maintainable due to subsequent clarif...

Negotiable Instruments – Dishonour of Cheque – Conviction Compounded – Petitioner convicted under Section 138 of the Negotiable Instruments Act for dishonour of a cheque amounting to ₹2,48,000/- – Trial Court sentenced him to six months simple imprisonment and compensation of ₹2,48,000/-, affirmed by the Sessions Judge on appeal – High Court allowed compounding of...

Negotiable Instruments – Dishonour of Cheque – Conviction Compounded – Petitioner convicted under Section 138 of the Negotiable Instruments Act by the Judicial Magistrate, Fast Track Court, Kallakurichi, for dishonour of a cheque amounting to ₹20,00,000/-. The Trial Court sentenced him to one year of simple imprisonment and ₹20,00,000/- compensation, in default, to undergo th...

Section 138 NI Act – Impact of Moratorium under Section 14 IBC – Proceedings Quashed - The Court held that once a corporate debtor enters Corporate Insolvency Resolution Process (CIRP) and a moratorium under Section 14 of the IBC is imposed, the control and management of the debtor’s accounts vests in the Interim Resolution Professional (IRP). Consequently, individuals, including...

Bank Guarantee – Separate Contract – Rights of Legal Heirs – Petitioner, as the sole legal heir of her late father, contested the invocation of a bank guarantee furnished on her father's margin money – Held: Bank guarantees operate as independent contracts – Petitioner's claims regarding fraud and ownership of margin money must be pursued separately – No...