Criminal Law – Dishonor of Cheque – Cheques issued as security under employment contracts – Petitioners sought quashing of criminal proceedings under Section 138 of the Negotiable Instruments Act, arguing no subsisting legal debt or liability at the time of the cheque issuance – High Court held proceedings should continue as the question of the validity of contracts and enf...
Dismissal for Want of Prosecution – Challenge against Special Metropolitan Magistrate's order dismissing complaint for non-appearance of complainant under Section 256 Cr.P.C. - Acquittal of accused for charges under Section 138 of the Negotiable Instruments Act due to complainant's absence on several court dates, despite history of presence and legal representation [Para 1-6].
&nb...
Interim Compensation under Section 143A NI Act – Questions on Discretionary Nature – Various petitions filed challenging orders of Metropolitan Magistrates directing the petitioners to pay interim compensation ranging from 10% to 12% of dishonoured cheque amounts - The petitions dispute the interpretation and application of Section 143A of the NI Act concerning its mandatory or discret...
Interim Compensation Under Section 143A NI Act – Discretion of Trial Court - Petitions filed challenging orders mandating interim compensation under Section 143A NI Act - Contested nature of "mandatory" versus "discretionary" powers of the court examined in detail - Supreme Court's interpretation underscores discretionary exercise by trial courts - Factors s...
Interim Compensation under Section 143A NI Act – Questions on Discretionary Nature – Various petitions filed challenging orders of Metropolitan Magistrates directing the petitioners to pay interim compensation ranging from 10% to 12% of dishonoured cheque amounts - The petitions dispute the interpretation and application of Section 143A of the NI Act concerning its mandatory or discret...
Criminal Revision Petitions under Section 482 Cr.P.C. - Petitioner accused in proceedings under Section 138 N.I. Act - Petitioner aggrieved against dismissal of application under Section 311 Cr.P.C. by Trial Court and upheld by ASJ - Dismissal of application seeking examination of witness Paresh K. Lal Mehta, Ex-Director of Kirti Ornaments Pvt. Ltd. - Cheques issued by petitioner company dishonour...
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...
Cheque Dishonor – Section 138 of NI Act - Conviction and Sentence Set aside - Criminal Revision against lower court's conviction and sentence under Section 138 of Negotiable Instruments Act, 1881 - Petitioner convicted for dishonoring cheque issued as security - Petitioner contends cheque issued as security for another person's liability, not his own - Defense argues cheque issued wi...
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...
Misconduct and Disciplinary Action – Petitioner faced charges of unauthorized absence, misbehaviour, and irregularities, leading to suspension and disciplinary action including barring of increments – Original application to KAT challenging the penalty imposed was dismissed. [Paras 2, 3]
Judicial Review of Tribunal's Order – Petitioner sought High Court intervent...