Negotiable Instruments Act – Section 138 – Quashing of Complaint – Petitioner sought quashing of complaint and proceedings under Section 138 NIA – Petitioner argued entire liability had been discharged prior to complaint – Court noted petitioner made payments exceeding the cheque amount – Respondent’s claim for interest not a ground for maintaining the com...
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...
Dishonour of Cheque – Section 138 of the NI Act – Summoning Order Upheld – The petitioner issued two cheques to the respondent institute under the terms of an employment contract, which were dishonoured upon presentation. The petitioner contended that the cheques were issued as security and not for discharging any legally enforceable debt. The trial court took cognizance of the c...
Negotiable Instruments Act, Section 138 – Joint Account Holder Liability – Quashing of Complaint – Accused was arraigned merely as a joint account holder, not as the drawer or signatory of the dishonored cheque – The cheque was issued by the petitioner's husband in his personal capacity – The petitioner is not liable under Section 138 of the Act in the absence of ...
Cheque Dishonour – Section 138 of the NI Act – Quashing of Proceedings – Petition Dismissed – Petitioner sought quashing of criminal proceedings for cheque dishonour under Section 138 of the NI Act, contending that the cheque was issued as part of a housing loan agreement, and unauthorized amounts were withdrawn from his account by the respondent. The petitioner argued that...
Negotiable Instruments Act – Dishonour of Cheque – Conviction under Section 138 – Cheque issued by the accused for ₹2.00 lakh dishonoured due to insufficient funds – Accused claimed cheque was issued as a security for ₹50,000 and not for a legal liability – Trial Court convicted and sentenced the accused to eight months of simple imprisonment and a fine of ₹2,50...
Negotiable Instruments Act – Dishonour of Cheque – Section 138 NI Act – Conviction Upheld – The accused issued a cheque for ₹150,000 in partial discharge of liability towards the complainant for goods supplied. The cheque was dishonoured for insufficient funds, and the accused failed to make payment despite receiving a notice of demand. Both the Trial Court and the Appell...
Negotiable Instruments Act – Quashing of Complaint – Petitioner sought quashing of complaint under Section 138 NI Act and proceedings against him – Allegation of cheque dishonor issued by respondent No. 3 from personal account, not from company’s account – High Court held petitioner could not be held liable as cheque was not issued by him or company – No vicario...
Negotiable Instruments – Dishonor of Cheque – Petitioner accused of issuing a cheque for Rs.2,00,000/- which was dishonored due to insufficient funds – Conviction under Section 138 of the Negotiable Instruments Act confirmed by both the Trial Court and the First Appellate Court – Revision petition filed on grounds of misappreciation of evidence and excessive fine imposed [P...
Negotiable Instruments Act – Cheque Dishonour – The petitioner, Rajesh Exports Ltd., sought to quash the order staying proceedings in a cheque bounce case where the respondent had issued a cheque which was dishonoured – The Magistrate had stayed the proceedings invoking Section 446 of the Companies Act due to the winding up of the respondent’s company – Court directed...