Criminal Law - Section 138, 142 of the Negotiable Instruments Act – Cheque Dishonour – Maintainability – Complaint Filed by Manager in Personal Capacity – Complaint Not Maintainable – The cheque was issued towards the liability of Kerala Roadways Ltd. – Held: The complainant, being the branch manager, was not the ‘payee’ or ‘holder in due cours...
Negotiable Instruments Act – Cheque Dishonour – Section 138 – Appeal Against Acquittal Dismissed – The appellant/complainant alleged that the accused issued four cheques towards repayment of a loan of ₹1,80,000/-, all of which were dishonoured due to insufficient funds – Trial court acquitted the accused citing lack of proof regarding execution and issuance of the c...
Banking Law - Wilful Default – RBI Master Circular – Borrowed Funds Requirement – Appeals Dismissed – Appellant banks challenged Single Judge orders setting aside wilful-defaulter declarations against respondents – Allegations centred on diversion/siphoning through investments in subsidiaries – Court held that the Master Circular applies only if borrowed funds a...
Cheque Dishonour – Defence of Payment Stop Due to Defective Goods – Acquittal Upheld – Appellant filed complaint under Section 138 of the Negotiable Instruments Act alleging dishonour of cheque issued by respondent towards outstanding dues for electronic goods – Respondent issued stop payment instructions citing defective and substandard goods – Trial Court found that...
Dishonour of Cheque – Service of Statutory Notice – Section 138(b) of the Negotiable Instruments Act, 1881 – Conviction Set Aside – The revision petitioner/accused challenged the conviction and sentence under Section 138 of the N.I. Act, contending that the mandatory legal notice was not served upon him, but instead received by a relative without evidence of his knowledge o...
Cheque Bounce - Section 138 of the Negotiable Instruments Act – Legally Enforceable Debt – Cash Transaction Above ₹20,000 – Conviction Set Aside – The accused was convicted for issuing a dishonoured cheque for ₹9,00,000 allegedly towards discharge of a debt – The defence contended that the debt was created through a cash transaction in violation of Section 269SS o...
Criminal Law – Amendment in Complaint - Section 138 and Section 142 of the - Criminal Complaint – Amendment Permissible – Post-Cognizance Stage – Complaint initially stated that Desi Ghee was sold; amendment sought to correct it to "milk" – Trial Court allowed amendment on grounds of typographical error and no prejudice – High Court reversed citing GST...
Criminal Law – Appeal Against Acquittal – Cheque Dishonour Acquittal – Section 138 NI Act – Appeal Transferred to Sessions Court – The appellant sought leave to appeal under Section 378(4) Cr.P.C. against acquittal in a dishonoured cheque complaint – High Court relied on the Supreme Court’s ruling in M/s. Celestium Financial vs. A. Gnanasekaran Etc.,...
Criminal Law - Appeal Against Conviction – Dismissal for Non-Prosecution – Section 138 NI Act – Dismissal Set Aside - The petitioner challenged the order dismissing his appeal against conviction under Section 138 of the NI Act for non-appearance – The High Court held that appeal against conviction must be decided on merits even if the appellant is absent – Relying on ...
Criminal Law - Dishonour of Cheque – Presumption under Section 139 of NI Act – Conviction Upheld – The petitioner was convicted for dishonour of cheque under Section 138 of NI Act—Trial Court and Appellate Court upheld conviction relying on presumption under Section 139 as petitioner admitted issuance of cheque and failed to rebut presumption through credible defence eviden...