Factual Background and Trial Court Proceedings - Applicant-Appellant, engaged in the timber business, alleged that the respondent issued a cheque which was dishonoured due to 'Exceeds Arrangement' - Legal notice issued, but payment not made, leading to the complaint under Section 138 of the NI Act - Trial court acquitted the respondent-accused, finding that the presumption under Section 13...
Dishonor of Cheque – Conviction under Section 138 of N.I. Act – Accused issued a cheque for Rs. 66,000/- towards repayment of borrowed money, which was dishonored due to insufficient funds – Complaint filed under Section 138 of N.I. Act. [Para 3]
Trial Proceedings – Evidence and Verdict – P.W.1 (complainant) examined, and documents Ex.P.1 to Ex.P.10 marked – ...
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...
Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...
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...
Criminal Law – Dishonor of Cheque – Liability of Directors – The Supreme Court deliberated on whether the appellant, a director of a company, could be held liable under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, for cheques issued by the company. The appellant, a director but not the signatory or person in charge of day-to-day affairs of the compan...
Negotiable Instruments Act, 1881 – Section 143A – Exercise of Power – Discretionary nature – Held, the exercise of power under Section 143A(1) is discretionary, not mandatory. The Court must engage in a prima facie evaluation of the merits of the case and consider the accused’s financial distress and other relevant factors before directing payment of interim compensat...
Criminal Appeal – Acquittal in Cheque Dishonour Case – Appeal against acquittal of respondent-accused in a case involving Section 138 of the Negotiable Instruments Act, 1886. Complainant failed to identify accused in court leading to acquittal by trial court. Appeal challenges the method and reasoning of acquittal. [Para 1, 2, 5]
Evidence and Identification – Importa...
Dishonored Cheque and Conviction Challenge - Accused petitioner appeals against conviction and sentence imposed by the trial court and confirmed by the Sessions Court for offense under Section 138 of the N.I Act - Accused contends cheque was not issued for legally enforceable debt and challenges the signature's authenticity on the cheque - Petition filed under Section 397 r/w 401 of Cr.P.C. [P...