Challenge to Recovery Certificates - Co-operative bank sought recovery of loans from company in liquidation - Issuance of recovery certificates under Section 101 of the MCS Act disputed. [Para 4-5]
Revision Applications and Procedural History - Company in liquidation's revision applications initially dismissed for non-compliance, later allowed upon depositing 50% amount - Assistan...
Negotiable Instruments Act – Dishonor of Cheque – Section 138 – High Court evaluated the legality of the conviction under Section 138 of the Negotiable Instruments Act, concerning a cheque dishonoured due to 'payment stopped by drawer'. The court scrutinized the evidence regarding the issuance of the cheque, the service of the demand notice, and the statutory presumptions...
The accused, Ashok Kumar, challenged the conviction and sentence for an offence under Section 138 of the NI Act related to cheque dishonour due to insufficient funds - Asserting that the cheque was not drawn from his account but by another individual, Ashu Dhiman - Key issue is whether the cheque was drawn from an account maintained by the accused [Paras 1, 19-20, 22-23, 31].
Trial an...
Criminal Procedure Code – Quashing of Proceedings U/S 138 NI Act – Section 482 CrPC – The High Court of Delhi, in exercising its inherent powers under Section 482 of the Criminal Procedure Code, quashed the summoning order against the petitioner in a case pertaining to a cheque bounce under Section 138 of the Negotiable Instruments Act. The court scrutinized the involvement of th...
Proclaimed Person And Settlement – Quashing Of Fir – Fir No.310 Dated 07.04.2020 Under Section 174-A Of Ipc In Police Station Htm Hisar, Due To Petitioner Being Declared Proclaimed Person In Section 138 Ni Act Case – Settlement Led To Withdrawal Of The Complaint, Leading To This Quashing Petition. [Para 1, 3]
Facts Of The Case – Dishonoured Cheque And Subsequent Proceedi...
Criminal Appeal – Director's Liability in Negotiable Instruments Act Case – Appeals against High Court’s order regarding liability of resigned directors for cheque dishonour under Section 138 of the Negotiable Instruments Act. Issues concerning the applicability of Section 141 of the N.I. Act to directors who have resigned at the time of the offence. Appeals allowed, and crim...
Criminal Procedure – Quashing of Summoning Order – Applicants sought to quash summoning order issued in relation to alleged dishonor of cheques under Section 138 of the N.I. Act – Allegation of issuance of cheques in lieu of service fee per MoU – Applicants contested validity of authorization and claimed cheques were misplaced and presented fraudulently – Court found ...
Quashing of Summoning Order - Application under Section 482 of Cr.P.C. to quash summoning order dated 22.07.2022 in Complaint Case No.83520 of 2021 under Section 138 N.I. Act - Allegations of fraudulent issuance and dishonor of cheques worth Rs. 5 Crores each for a hotel sale transaction. [Paras 3-5, 7, 10, 15]
Discrepancies in Cheque Transactions - Allegations of lost cheques and forged signat...
Dishonour Cheque - Quashing of Complaint Case No.19930/2016 under Section 138 NI Act - Petitioner, Neeta Gupta, seeks quashing of complaint filed by Suman Anand, alleging dishonored cheque of Rs.20,00,000/- - Petitioner claims no involvement as the cheque was signed solely by her late husband and she did not receive the statutory demand notice - Respondent alleges refusal by petitioner to accept n...
Criminal Appeal – Rejection of Application for Handwriting Analysis and Additional Evidence – Appeal against High Court’s dismissal of application under Section 391 CrPC for additional evidence – Appellant convicted for offence under Section 138 of the NI Act – Dismissal of application for handwriting expert and additional evidence by trial and appellate courts. [Para...