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...
Criminal Application – Compounding of Offence under Section 138 of the Negotiable Instruments Act – Application for compounding rejected by Magistrate – Application made by accused directors of a company for dishonour of a cheque amounting to Rs. 15 lakhs – Appeal against the non-compounding of the offence. [Para 2, 3, 4, 6]
Insolvency Proceedings – Impact on Crimi...
The accused, Ashok Kumar, challenged the conviction and sentence for an offence under Section 138 of the NI Act related to cheque dishonour due to insufficient funds - Asserting that the cheque was not drawn from his account but by another individual, Ashu Dhiman - Key issue is whether the cheque was drawn from an account maintained by the accused [Paras 1, 19-20, 22-23, 31].
Trial an...
Negotiable Instruments Act – Section 138 – Acquittal of drawer for dishonor of cheque – Appellant’s failure to prove service of legal demand notice crucial for the appeal against acquittal – Requirements under Section 138 NI Act not fulfilled – Appeal dismissed. [Para 1, 5, 20, 26]
Cheque Dishonor – Legal Demand Notice – Importance of pr...