Acquittal - Dishonor of Cheques – Section 138 of the Negotiable Instruments Act, 1881 – Criminal Appeals against Acquittal in Cheque Dishonour Cases - Appeals against High Court judgment upholding acquittal of respondent for offences under Section 138 of the Negotiable Instruments Act. Petitioner, a partnership firm, alleged issuance of cheques by respondent that were dishonoured due t...
Negotiable Instruments Act – Cheque dishonored – Account blocked – Maintaining the account – Accused acquitted of the offence under Section 138 of the NI Act by the learned Metropolitan Magistrate – Petition seeking leave to appeal against the judgment – Issue of whether the account on which the cheques were drawn can be said to be maintained by the drawer when ...
Quashing of Criminal Proceedings – Cheque Bounce – Criminal Appeal against High Court and lower courts' conviction under Section 138 of the Negotiable Instruments Act, 1881 – Supreme Court quashes conviction, holding that civil court's decree on the same cheque being only a security renders the criminal proceedings unsustainable. [Paras 1-13]
Interaction Betw...
Negotiable Instruments Act – Section 138 – Conviction and Sentence – Appellant and intervenor convicted under Section 138 of the Negotiable Instruments Act – Sentenced to ten months of simple imprisonment and directed to pay a total of Rs. 5 crores in three cases – Conviction and sentence affirmed by the Sessions Court and High Court [Paras 1-5, 7].
Bail and Suspen...
Cheque Bounce under Section 138 of N.I. Act – Revision against orders of lower courts in a cheque bounce case – Question of mandatory notice service under Section 138 and its proof – Original case filed for dishonour of cheque worth Rs. 1.5 lacs issued by the petitioner – Lower courts convicted the petitioner based on Section 138 N.I. Act. [Paras 1-6]
Service of Mandator...
Criminal Appeal - Quashing of Criminal Complaints - Allegations of dishonored cheques and liability under various sections of NI Act and IPC - Respondent claimed retirement from partnership firm and sought quashing of proceedings - High Court quashed summoning order and complaints - Appeal against High Court's order - Whether the order quashing summoning order and complaints against respondent...
Criminal Appeal – Jurisdictional Competence for Trial – Discussion on appropriate judicial forum for trial of appellant charged under IPC and other acts – Concerns over trial by Court of Chief Judicial Magistrate with limited sentencing power for offences punishable with life imprisonment or 10 years imprisonment under Section 409 IPC – Analysis of jurisdiction under Cr.PC ...
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 ...
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, 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...