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...
Criminal Revision Petition – Dishonor of Cheque – Section 138 of the Negotiable Instruments Act – Accused, a land developer, convicted for cheque dishonour under Section 138 of N.I Act by the trial court, and confirmed by the Sessions Court – Revision petition filed by the accused challenging the conviction and sentence. [Para 1, 9-10, 20]
Complaint Background ...
Dishonored Cheque and Legal Notice Service Dispute – Conviction under Section 138 of the Negotiable Instruments Act for dishonoring a cheque worth Rs.60,300 – Petitioner's argument on incorrect service of legal notice and incorrect address in the legal notice and complaint – Trial and Appellate Courts' judgments upheld by High Court. [Paras 3, 7, 13-14, 17-21]
Address ...
Cheque Dishonour – Section 138 of Negotiable Instruments Act – Appeal against acquittal of the first respondent for dishonour of a cheque worth Rs. 50,000 due to alleged insufficiency of funds – Trial court acquitted the respondent, leading to this appeal. [Paras 1, 4]
Evidence and Witness Testimonies – Appellant, examined as PW1, submitted evidence including t...
Cheque Dishonor and Cause of Action – Multiple presentations of cheque within validity period – Last dishonor establishes cause of action – Applicant's cheque dishonored multiple times, final cause of action arose on last dishonor [Paras 2, 9].
Notice of Dishonor – Legal requirements – Statutory presumption of deemed service when notice is sent by pos...
Settlement and Discharge in Cheque Dishonour Case – Initial agreement in Lok Adalat failed due to non-fulfillment of financial obligations by the appellant – Subsequent payments made, including interest for delayed payment – Supreme Court focuses on substantial compliance and overall justice rather than strict adherence to procedural timelines – Held, the intent of the part...
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...