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...
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...
Negotiable Instruments Act – Quashing of Complaint – Accused petitioner seeks quashing of Complaint Case No. 4061/2020 under Section 138 of the Negotiable Instruments Act, 1881 – Alleged dishonored cheque issued by petitioner’s brother – Petitioner’s contention that she is not the drawer of the cheque – Legal notice served, but payment not made – Whe...
Negotiable Instruments Act – Dishonor of Cheque – Section 138 – High Court evaluated the legality of the conviction under Section 138 of the Negotiable Instruments Act, concerning a cheque dishonoured due to 'payment stopped by drawer'. The court scrutinized the evidence regarding the issuance of the cheque, the service of the demand notice, and the statutory presumptions...
Negotiable Instruments Act – Section 138 – Summoning Order – Challenge to the summoning orders in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act – Accusation of non-compliance with mandatory inquiry under Section 202 of CrPC by the Magistrate – High Court held that mandatory inquiry was conducted satisfactorily. [Para 1, 3, 14, 20-21, 25...
Contempt of Court – Civil Contempt – Alleged disobedience of final order and decree in C.S. (Comm.) No. 182/2017 – Petitioner company seeking initiation of contempt proceedings against respondents for non-compliance with settlement agreement – Contempt not established due to financial constraints of respondents. [Para 1-17]
Lease Agreement – Non-payment o...
Issue of Interpretation of Section 148 of N.I. Act – Concerns appellate court’s discretion in ordering payments pending appeal against conviction under Section 138 of N.I. Act – Requirement for reasons supporting appellate court’s order [Para 1].
Section 148 of Negotiable Instruments Act – Interpretation and Application – Held – Appellate Court possesse...
Concealment and Misrepresentation Allegations - Applicant, Kamdhenu Enterprises Ltd. And M/s Jads Services Pvt. Ltd., allege non-applicant Yashovardhan Birla concealed material facts and misrepresented information – Challenges the maintainability of Birla’s petitions filed for quashing complaint cases under Section 138 of NI Act. [Paras 4.1-4.9]
Background of Earlier Petit...