Criminal Appeal – Section 138 of the Negotiable Instruments Act – Complaint filed against accused for dishonour of cheques – Accused acquitted by Magistrate – Appeal by complainant – Complainant firm represented by its Branch Manager – Assertion of complainant's status present in the complaint – Evidence of partnership deed and registration of firms pr...
Quashing of FIR: The petitioner, Ravi Kant, seeks the quashing of FIR No. 2387 dated 12.12.2019, registered under Section 174-A of IPC, 1860, at Police Station Shivaji Nagar Gurugram, following his declaration as a proclaimed person in a case concerning a dishonored cheque [Para 1].
Compromise & Settlement: A compromise was reached between the petitioner and the complainant, leadi...
Essential Pre-requisites under Section 138 of NI Act: Referring to a prior judgment, the Court reiterated the importance of certain dates to be clear in the complaint for making out an offence under Section 138, NI Act. Such dates include the date on the cheque, date of deposit, date of bank’s notice concerning bouncing, date of notice by the drawee/payee to the drawer, date of notice receip...
Quashing of FIR under Section 174-A IPC - Compromise in a case involving a dishonored cheque - Proceedings under Negotiable Instruments Act concluded with withdrawal of the complaint - FIR quashed in line with precedent cases where continuation of proceedings under Section 174-A IPC after withdrawal of the main complaint deemed an abuse of the process of law. [Para 2-13]
Criminal Appeal - Quashing of Complaint - Appellant's challenge to the order refusing to quash the complaint under Section 482 Cr.PC - Grounds for seeking quashment - Allegations of appellant's resignation from the partnership firm and lack of mandatory averments - High Court's refusal to quash the complaint upheld - [Para 2-4]
Specific Averments in Complaint - Requirement of specif...
Criminal Appeal – Acquittal under Section 138 of the Negotiable Instruments Act, 1881 – Challenge to concurrent findings of Trial Court and High Court – Discharge of evidential burden by accused to rebut presumption under Section 139 NI Act – Court's examination of complainant's failure to prove cheque issuance in discharge of a debt/liability – Two-fold consi...
Criminal Procedure – Examination of Accused – Failure to question the accused under Section 313(1)(b) of the Code of Criminal Procedure – Effect on proceedings – Revision petitions challenging concurrent convictions under Section 138 of the Negotiable Instruments Act – Accused denied a fair opportunity to explain incriminating circumstances – Failure to comply w...
Quashing of Complaint - Negotiable Instruments Act - Proceedings under Section 138 of the Act - Petitioners challenging proceedings instituted against them - Accused persons include Directors and office bearers of a company - Cheque issued for credit facility - Chairman of the Company issued the cheque, which was signed by him - Chairman passed away after issuance of the cheque - Accused No. 2 suc...
Negotiable Instruments Act, 1881 - Section 138 - Dishonor of Cheque - Presumption of consideration - Burden of proof - Admitted signature - The appellant filed a complaint against the respondent for dishonoring a cheque issued for partial repayment of an advance amount paid towards the purchase of a property - The Trial Court convicted the respondent, and the conviction was upheld by the Sessions ...
Cheque dishonor under section 138 of NI Act - Dispute between Lokesh Thakkar and Amandeep Singh regarding investment and financial transactions - Amandeep Singh, as Director of M/s Shalini Securities Private Limited, issued 11 cheques amounting to Rs. 50 lakhs each, which got dishonored due to "Funds Insufficient" - Allegations and averments made against M/s Shalini Securities Private Li...