SARFAESI - Writ Petition – Refund of Amount Paid in E-Auction – Petitioner sought refund for amount paid in e-auction under SARFAESI Act for property with undisclosed litigations and encumbrances – Relief granted for refund of sale consideration, stamp duty, house property tax, and interest. [Para 1, 33, 49, 50]
SARFAESI Act, 2002 – Sale/Auction of Secured Asse...
Dishonor of Cheque – Conviction under Section 138 of N.I. Act – Accused issued a cheque for Rs. 66,000/- towards repayment of borrowed money, which was dishonored due to insufficient funds – Complaint filed under Section 138 of N.I. Act. [Para 3]
Trial Proceedings – Evidence and Verdict – P.W.1 (complainant) examined, and documents Ex.P.1 to Ex.P.10 marked – ...
Criminal Appeal – Acquittal in Cheque Dishonour Case – Appeal against acquittal of respondent-accused in a case involving Section 138 of the Negotiable Instruments Act, 1886. Complainant failed to identify accused in court leading to acquittal by trial court. Appeal challenges the method and reasoning of acquittal. [Para 1, 2, 5]
Evidence and Identification – Importa...
Quashing of Summoning Order - Non-Executive Independent Directors - The petitioners, being Non-Executive Independent Directors of HDIL, challenged the summoning orders issued against them in relation to dishonoured cheques. The court observed the necessity of proving the day-to-day involvement of these directors in the company's affairs for holding them liable under Section 138 of the NI Act. ...
Factual Background and Trial Court Proceedings - Applicant-Appellant, engaged in the timber business, alleged that the respondent issued a cheque which was dishonoured due to 'Exceeds Arrangement' - Legal notice issued, but payment not made, leading to the complaint under Section 138 of the NI Act - Trial court acquitted the respondent-accused, finding that the presumption under Section 13...
Criminal Law – Dishonour of Cheque – Appeal Against Acquittal – Application against the acquittal judgment in a case involving the dishonour of a cheque under Section 138 of the Negotiable Instruments Act – The respondent was acquitted by the trial court on the grounds that he successfully rebutted the presumption under Section 139 of the NI Act – The applicant-appell...
Dishonored Cheque and Legal Notice Service Dispute – Conviction under Section 138 of the Negotiable Instruments Act for dishonoring a cheque worth Rs.60,300 – Petitioner's argument on incorrect service of legal notice and incorrect address in the legal notice and complaint – Trial and Appellate Courts' judgments upheld by High Court. [Paras 3, 7, 13-14, 17-21]
Address ...
Criminal Revision Petition – Dishonor of Cheque – Section 138 of the Negotiable Instruments Act – Accused, a land developer, convicted for cheque dishonour under Section 138 of N.I Act by the trial court, and confirmed by the Sessions Court – Revision petition filed by the accused challenging the conviction and sentence. [Para 1, 9-10, 20]
Complaint Background ...
Dishonored Cheque and Conviction Challenge - Accused petitioner appeals against conviction and sentence imposed by the trial court and confirmed by the Sessions Court for offense under Section 138 of the N.I Act - Accused contends cheque was not issued for legally enforceable debt and challenges the signature's authenticity on the cheque - Petition filed under Section 397 r/w 401 of Cr.P.C. [P...
Cheque Dishonor and Cause of Action – Multiple presentations of cheque within validity period – Last dishonor establishes cause of action – Applicant's cheque dishonored multiple times, final cause of action arose on last dishonor [Paras 2, 9].
Notice of Dishonor – Legal requirements – Statutory presumption of deemed service when notice is sent by pos...