Territorial Jurisdiction Dispute – Section 138, 142(2)(a)N.I. Act - The case involves a jurisdictional dispute regarding dishonoured cheques. The Judicial Magistrate, First Class, erroneously held no territorial jurisdiction, denying the appellant a chance to remedy the situation. Procedural defects should not obstruct substantial justice.
Exercise of Constitutional Powers – ...
Negotiable Instruments Act - Complaints under Section 138 - Legally recoverable debt - Cheque issued within the period of limitation - Complaints filed within time - No grounds for quashing the complaint - High Court erred in quashing the proceedings - Orders set aside. [Para 2-18]
Expeditious Trial of Cases under Section 138 of NI Act - Power of Magistrate under Section 322 of CrPC - Jurisdict...
Negotiable Instruments Act – Section 138 – Accused convicted by Judicial Magistrate for cheque dishonour – Sentenced to pay cheque amount with interest – Appeals filed against conviction. [Para 3]
Appeals – Suspension of Sentence – Sessions Court grants relief subject to 20% deposit of compensation amount under Section 148 of N.I. Act and Section 389 of Cr.P....
Revision Petition – Application for Additional Evidence- Accused/petitioner challenges the order that declined his application for leading additional evidence under Section 391 Cr.P.C. – Accused was convicted for an offence under Section 138 of the Negotiable Instruments Act, 1881. [Para 1-2]
Dishonored Cheque – Signature Dispute- Petitioner contends that the signatu...
Criminal Appeal - Quashing of Criminal Complaints - Allegations of dishonored cheques and liability under various sections of NI Act and IPC - Respondent claimed retirement from partnership firm and sought quashing of proceedings - High Court quashed summoning order and complaints - Appeal against High Court's order - Whether the order quashing summoning order and complaints against respondent...
Negotiable Instruments - Cheque Bounce - Acquittal - Appeal against acquittal under Section 138 of the Negotiable Instruments Act - Trial court held that complainant failed to prove the cheque was issued in discharge of legally enforceable debt - Presumption under Section 139 rebuttable - Accused raised a probable defense - Appeal dismissed. [Paras 9-11]
Presumption and Burden of Proo...
Cheque Bounce Case – Examination of Handwriting Expert – Disputed Signatures – Permission to examine handwriting expert denied – Complaint filed under Section 138 of the Negotiable Instruments Act, 1881 – Accused denied signatures on the cheque from the beginning – Petitioner sought permission for comparison of accused’s signatures on the cheque with speci...
Criminal Appeals – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of directors – Compliance with the requirements of Section 141(1) – Allegations lacking in complaints – Appeals allowed.
Criminal Appeal – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of ...
Civil Appeal – Cheque Bounce – Acquittal of the accused – Appellant challenges the judgment of acquittal – Complainant alleges the accused borrowed a sum of Rs. 6,00,000/- and issued a cheque, which was returned unpaid with remarks 'Account Closed' – Lack of clear evidence regarding the loan and issuance of the cheque – Presumption in favor of the holder...
Criminal Procedure Code – Sections 82 and 83 – Quashing of orders – Petitioners sought quashing of order summoning them by way of proclamation under Section 82 Cr.P.C. and declaring them proclaimed persons under Section 83 Cr.P.C. – Petitioners contended that their business had ceased to exist before the pandemic, and they were never served with warrants – Court found...