Criminal Law – Dishonour of Cheque – Deposit of Compensation – Petition against orders directing deposit of 20% of compensation awarded by the trial court under Section 138 of the Negotiable Instruments Act. The court held that, as per the judgment in Surinder Singh Deswal v. Virender Gandhi, the word "may" in Section 148 of the Act should generally be construed as &quo...
Cheque Issued as Security – Legal Enforceability – Appellant challenges the High Court's discharge of the respondent under Section 420 IPC while maintaining the complaint under Section 138 of the NI Act – Supreme Court emphasizes that a cheque issued as security can still be presented for payment if the debt becomes due and is not repaid by other means – Court distingui...
Negotiable Instruments Act – Dishonor of Cheque – Complaint under Section 138 of the NI Act for dishonor of cheque – Respondent issued cheque for Rs. 1,50,000 as part repayment of advance – Cheque dishonored due to insufficient funds – Magistrate convicted respondent, sentencing to six months imprisonment and fine – Sessions Court upheld conviction – High ...
Penal Law – Firing on Fishermen – Compensation and Quashing of FIR – An unfortunate incident occurred on 15.02.2012, where two Indian fishermen were killed after being fired upon by two Italian Military Naval officials from a passing ship. Following the award of the Arbitral Tribunal under UNCLOS, the Republic of Italy agreed to pay Rs. 10 crores as compensation. The Supreme Cour...
Negotiable Instruments Act – Dishonour of Cheque – Presumption under Section 139 – The appellant challenged the High Court's judgment convicting her under Section 138 of the Act. The Supreme Court emphasized that the appellant failed to rebut the presumption under Section 139 that the cheques were issued for consideration. The complainant provided sufficient evidence that the...