Criminal Appeal – Acquittal under Section 138 of the Negotiable Instruments Act, 1881 – Challenge to concurrent findings of Trial Court and High Court – Discharge of evidential burden by accused to rebut presumption under Section 139 NI Act – Court's examination of complainant's failure to prove cheque issuance in discharge of a debt/liability – Two-fold consi...
Criminal Appeal - Quashing of Complaint - Appellant's challenge to the order refusing to quash the complaint under Section 482 Cr.PC - Grounds for seeking quashment - Allegations of appellant's resignation from the partnership firm and lack of mandatory averments - High Court's refusal to quash the complaint upheld - [Para 2-4]
Specific Averments in Complaint - Requirement of specif...
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...
Territorial Jurisdiction Dispute – Section 138, 142(2)(a)N.I. Act - The case involves a jurisdictional dispute regarding dishonoured cheques. The Judicial Magistrate, First Class, erroneously held no territorial jurisdiction, denying the appellant a chance to remedy the situation. Procedural defects should not obstruct substantial justice.
Exercise of Constitutional Powers – ...
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...
Negotiable Instruments Act - Complaints under Section 138 - Legally recoverable debt - Cheque issued within the period of limitation - Complaints filed within time - No grounds for quashing the complaint - High Court erred in quashing the proceedings - Orders set aside. [Para 2-18]
Expeditious Trial of Cases under Section 138 of NI Act - Power of Magistrate under Section 322 of CrPC - Jurisdict...
Negotiable Instruments Act, 1881 - Section 138 - Dishonor of Cheque - Presumption of consideration - Burden of proof - Admitted signature - The appellant filed a complaint against the respondent for dishonoring a cheque issued for partial repayment of an advance amount paid towards the purchase of a property - The Trial Court convicted the respondent, and the conviction was upheld by the Sessions ...
Criminal Appeals – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of directors – Compliance with the requirements of Section 141(1) – Allegations lacking in complaints – Appeals allowed.
Criminal Appeal – Quashing of Complaints under Section 138 of the Negotiable Instruments Act – Vicarious liability of ...
Negotiable Instruments Act – Section 138 – Accused convicted by Judicial Magistrate for cheque dishonour – Sentenced to pay cheque amount with interest – Appeals filed against conviction. [Para 3]
Appeals – Suspension of Sentence – Sessions Court grants relief subject to 20% deposit of compensation amount under Section 148 of N.I. Act and Section 389 of Cr.P....
Criminal Appeal – Accused charged under Section 306 of IPC for alleged abetment to suicide – Allegations of instigation, assault, and threats made by the appellants against the deceased – Suicide note and complaint by the third respondent – Analysis of Section 107 of IPC regarding abetment – Lack of mens rea and proximity to suicide – Offence under Section 306 I...