Negotiable Instruments Act, 1881 – Cheque Dishonor – Respondent accused of dishonoring a cheque issued to discharge a hand loan of Rs. 4,50,000/- – Trial court acquitted the respondent, finding the complainant entitled to Rs. 50,000/- with interest, observing doubts regarding the loan transaction – High Court held trial court erred in assessing evidence and misinterpreted t...
Negotiable Instruments Act – Section 138 – Dishonor of Cheque – Criminal Revision against the conviction and sentence by Judicial Magistrate Ist Class, upheld by Additional Sessions Judge – Petitioner entered into an agreement to sell a petrol pump and issued a cheque as part of a settlement – Cheque dishonored due to insufficient funds – Legal notice served but...
Negotiable Instruments Act, 1881 - Section 138 - Expeditious Trial - Application under Section 482 Cr.P.C. seeking direction for expeditious conclusion of trial - Complaint filed in 2021 but trial not concluded - Emphasis on statutory mandate under Section 143(2) and 143(3) N.I. Act for day-to-day trial and conclusion within six months - Apex Court directions in Indian Bank Association v. Union of...
Criminal Law - Compounding of Offence under Section 138 of the Negotiable Instruments Act, 1881 - Application under Section 482 Cr.P.C.:
Application filed by the applicant for compounding the offence under Section 138 of the Negotiable Instruments Act, 1881, post-conviction and after the dismissal of the revision petition. Applicant convicted for dishonour of cheque and sentenced to impr...
Cheque Bounce – Acquittal – The complainant appealed against the acquittal of the accused by the XVI Additional Chief Metropolitan Magistrate, Bengaluru – Accused had issued a cheque for Rs.10 lakhs, which was dishonored due to insufficient funds – The trial court acquitted the accused, holding that the complainant failed to prove the loan transaction and the accused succes...
Criminal Procedure – Suspension of Sentence – Condition to Deposit Amount – Application under Section 482 CrPC to quash the condition to deposit Rs. 13,73,890/- imposed by appellate court for suspension of sentence during pendency of appeal – Applicant contends that insolvency proceedings under Section 94 of Insolvency and Bankruptcy Code, 2016 initiated before NCLT, and in...
Negotiable Instruments – Dishonour of Cheque – Petitioner issued cheque for Rs.80,000/- which was dishonoured due to insufficient funds – Complainant presented cheques for Rs.80,000/- and Rs.64,400/- which were both dishonoured – Complaint filed under Section 138 of N.I. Act – Petitioner claimed innocence and alleged forgery, stating the cheque was a blank cheque misu...
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...
Criminal Law - Dishonour of Cheque - Criminal Revision Petition under Section 397 read with Section 401 Cr.P.C. - Conviction upheld by Special Judge (NDPS), Central District, Tis Hazari Courts, Delhi - Petitioner convicted under Section 138 N.I. Act for dishonour of cheque amounting to Rs.5,26,785/- - Sentenced to simple imprisonment for four months and fine of Rs.8,50,000/- with default clause - ...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Conviction and Sentence – Criminal Revision – Petitioner issued a cheque to the complainant, which was dishonoured due to “Account Closed” – Contention that the cheque was issued as surety for a debt owed by her husband – No legally enforceable debt directly between petitioner and...