Negotiable Instruments – Material Alteration – Appeal against Acquittal – Cheque of Rs.1,30,000 not encashed due to 'Payment Stopped by Drawer' – Allegation of material alteration by adding '1' before Rs.30,000 – Held, material alteration renders instrument void unless made to carry out common intention of original parties – Appellant admitted fi...
Negotiable Instruments Act, 1881 - Section 138 - Offence of Dishonour of Cheque - Compounding of Offences - Consent of Complainant - Dishonour of Cheque - Petitioners filed an application for compounding of the offence under Section 138 of the Negotiable Instruments Act, 1881 - Lower courts dismissed the application for compounding - Petitioners contended that they were willing to pay the entire c...
Motor Vehicles Act - Liability of Insurer - Appeal against award of compensation - Insurance policy cancelled due to dishonor of cheque for premium payment - Held, insurer cannot avoid liability unless policy cancellation is communicated to insured before the accident - Requisite provisions under Sections 147(4) and (5) of the Motor Vehicles Act not complied with - Appeal dismissed. [Paras 9, 11, ...
Criminal Law – Negotiable Instruments Act – Liability of Directors – High Court quashed proceedings against the director of a company under Section 138 NI Act due to the company not being made an accused and lack of averments in the complaint stating the director was responsible for the conduct of the business – Supreme Court affirmed, emphasizing the necessity of company b...
Negotiable Instruments Act – Sections 138 and 139 – Dishonour of Cheque – The drawer's admission of signing a cheque raises a presumption of liability – This presumption cannot be rebutted merely by proving that the cheque details were filled in by someone other than the drawer – Handwriting expert's report on whether the drawer filled in the cheque details is...
Contempt of Court – Wilful Disobedience – Respondents failed to deposit shortfall amount to maintain USD 60 million in Corporation Bank account despite Supreme Court’s orders – Defence of insufficient funds and inability to comply rejected – Conduct amounted to deliberate and wilful disobedience – Respondents liable for punishment under Contempt of Courts Act [P...
Criminal Revision Case - Maintainability - Interlocutory order - Order under Section 148 of the Negotiable Instruments Act, 1881 - Deposit of compensation/fine amount - Whether revision against such order maintainable - Held, the order passed under Section 148 of the Negotiable Instruments Act, 1881 is an interlocutory order and not subject to revision under Section 397 of the Code of Criminal Pro...
Insolvency and Bankruptcy – Moratorium – Exclusion of Time – Section 60(6) of the IBC provides for the exclusion of the entire period during which the moratorium was in force in respect of a corporate debtor in regard to a proceeding as contemplated therein – Proceedings by the corporate debtor during the moratorium period are also covered under this exclusion – Inter...
Negotiable Instruments – Dishonour of Cheque – Section 139 NI Act – Section 4 Indian Evidence Act – Presumption of Legally Enforceable Debt – Whether absolute – Held: Presumption under Section 139 NI Act is rebuttable – Complainant must prove pre-existing liability and legally enforceable debt – Failure to produce cogent evidence by complai...
Criminal Law – Dishonor of Cheque – Sections 138, 139 NI Act – Section 357(3) Cr.P.C. – Legally enforceable debt – Presumption in favor of holder – Failure to reply to legal notice – Accused's failure to respond to legal notice does not automatically assume acceptance of liability – Held: Presumption under Section 139 is rebuttable – Accuse...