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...
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...
Criminal Revision – Discharge Application – Section 138 of the Negotiable Instruments Act – addressed the application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.), seeking quashing of the order and proceedings in a complaint case under Section 138 of the Negotiable Instruments Act. [Para 2, 12]
Factual Background – The applicant, f...
Dishonour Cheque - Quashing of Complaint Case No.19930/2016 under Section 138 NI Act - Petitioner, Neeta Gupta, seeks quashing of complaint filed by Suman Anand, alleging dishonored cheque of Rs.20,00,000/- - Petitioner claims no involvement as the cheque was signed solely by her late husband and she did not receive the statutory demand notice - Respondent alleges refusal by petitioner to accept n...
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...
Challenge to Recovery Certificates - Co-operative bank sought recovery of loans from company in liquidation - Issuance of recovery certificates under Section 101 of the MCS Act disputed. [Para 4-5]
Revision Applications and Procedural History - Company in liquidation's revision applications initially dismissed for non-compliance, later allowed upon depositing 50% amount - Assistan...
Quashing of Summoning Order - Application under Section 482 of Cr.P.C. to quash summoning order dated 22.07.2022 in Complaint Case No.83520 of 2021 under Section 138 N.I. Act - Allegations of fraudulent issuance and dishonor of cheques worth Rs. 5 Crores each for a hotel sale transaction. [Paras 3-5, 7, 10, 15]
Discrepancies in Cheque Transactions - Allegations of lost cheques and forged signat...
Criminal Law – Bail Under UAPA – Supreme Court Reverses High Court's Bail Grant – Appellant challenged High Court's order granting bail to accused charged with offenses under IPC and UAPA related to activities of Popular Front of India (PFI) – Accused were allegedly involved in promoting terrorism, imparting weapon training, and conspiring to establish Islamic rule ...
Criminal Appeal – Rejection of Application for Handwriting Analysis and Additional Evidence – Appeal against High Court’s dismissal of application under Section 391 CrPC for additional evidence – Appellant convicted for offence under Section 138 of the NI Act – Dismissal of application for handwriting expert and additional evidence by trial and appellate courts. [Para...
Cheque Dishonour - Inquiry Prior to Issuance of Process – Discrepancy in judicial opinions regarding whether the amendment in Section 202, sub clause (1) of the Code of Criminal Procedure is mandatory or directory – Larger Bench constituted for resolution – Reference to earlier divergent views of Justices V.M. Kanade and S.C. Dharmadhikari – The amendment concerns inquiry b...