Negotiable Instruments Act – Appeal Against Acquittal – Cheque Dishonour for Stopped Payment – Appeal Dismissed – The complainant alleged that the accused borrowed ₹10 lakhs and issued a cheque that was dishonoured due to “Payment Stopped by Drawer” – Trial Court acquitted the accused due to contradictions in complainant's evidence, lack of proof of ...
Dishonour of Cheque – Section 138 NI Act – Conviction Confirmed – Petitioner convicted for issuing a cheque of ₹5 lakhs which was dishonoured for "insufficient funds" – Trial Court convicted him to one year simple imprisonment and fine – Conviction upheld by Appellate Court – Held: Evidence of complainant and bank officials, along with cheque, return...
Dishonour of Cheque – Presumption of Legally Enforceable Debt – Section 138 NI Act – Conviction Upheld - The accused admitted issuance of cheque but claimed it was issued blank as security – Held: Admission of signature leads to presumption of consideration under Section 139 NI Act, which the accused failed to rebut by sufficient evidence – Defence witness' testim...
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 - 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 - 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 - 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 ...