Banking Law - Jurisdictional Conflict – Securitisation Act vs. Kerala State Fishermen Debt Relief Commission Act – The core issue is whether the KSFDRC can interdict actions taken under the Securitisation Act by a secured creditor – [Paras 1, 4].
Overriding Effect of Securitisation Act – Determination – The Court finds that Section 35 of the Securitisatio...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Conviction upheld by the appellate court for dishonour of cheque issued by revision petitioner – Substantive sentence modified to imprisonment till rising of court and fine of Rs. 4 lakh. [Paras 1, 5, 7]
Borrowed Money – Claim of Rs. 4 lakh loan by respondent substantiated with bank statements a...
Proclaimed Person And Settlement – Quashing Of Fir – Fir No.310 Dated 07.04.2020 Under Section 174-A Of Ipc In Police Station Htm Hisar, Due To Petitioner Being Declared Proclaimed Person In Section 138 Ni Act Case – Settlement Led To Withdrawal Of The Complaint, Leading To This Quashing Petition. [Para 1, 3]
Facts Of The Case – Dishonoured Cheque And Subsequent Proceedi...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Conviction of the revision petitioner under Section 138 upheld by Sessions Court – Revision petitioner’s appeal against conviction and sentence. [Para 1, 4-5]
Legal Competence of Power of Attorney Holder to File Complaint – Challenge to the competence of PW1 to file the complaint on behalf of the co...
Cheque Dishonor - Allegation of Non-Repayment of Loan – Petitioner accused of not depositing a sum of Rs.11,00,000/- in a fixed deposit and issuing a dishonored cheque for Rs.10,00,000/-. [Para 2]
Abuse of Process of Law – Petitioner's contention of multiple complaints against the respondent for physical and mental torture and the non-availability of ingredients of Section 138 o...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Reversal of conviction by the appellate court challenged – Trial court convicted the accused for dishonour of cheque amounting to ₹1,75,000; Appellate court acquitted the accused – High Court finds misappreciation of evidence by appellate court, reinstates trial court's conviction. [Para 1, 18-42]
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Criminal Procedure – Quashing of Proclamation Order – Petitioners declared as proclaimed persons under Section 82 Cr.P.C. in a complaint under Section 138 of the Negotiable Instruments Act – Settlement between the parties and withdrawal of the complaint – Quashing of proclamation order due to settlement and procedural contravention. [Paras 1-2]
Compromise – Effect ...
Criminal Procedure – Appeal Against Acquittal – Section 378(4) CrPC –challenge against the acquittal of the respondent in a case under Section 138, 142 of the Negotiable Instruments Act, 1881 and Section 420 IPC. The application sought to reverse the order of acquittal by the Judicial Magistrate on the grounds of misuse of cheque and insufficiency of funds. [Para 1, 2]
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Criminal Procedure – Revision of Order – Section 311 Cr.P.C. – Court examined the petitioner's application under Section 311 of the Criminal Procedure Code for the recall and examination of defense witnesses in a case involving Section 138 of the Negotiable Instruments Act. The petitioner sought to set aside the orders of lower courts, which dismissed his application for the ...
Criminal Law – Negotiable Instruments Act – Compounding of Offence – In the case of Devender Sharma versus State NCT of Delhi & Anr, the High Court of Delhi, presided by Hon'ble Mr. Justice Manoj Jain, dealt with a revision petition under Section 397, read with Sections 401 & 482 of Cr.P.C., challenging the conviction and sentence under Section 138 of the Negotiable I...