Civil Appeal – Cheque Bounce – Acquittal of the accused – Appellant challenges the judgment of acquittal – Complainant alleges the accused borrowed a sum of Rs. 6,00,000/- and issued a cheque, which was returned unpaid with remarks 'Account Closed' – Lack of clear evidence regarding the loan and issuance of the cheque – Presumption in favor of the holder...
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 - ...
Civil Appeal – Code of Civil Procedure, 1908 – Summary Suits – Appeal against Trial Court's judgment and decree awarding ₹16 lakhs to the respondent-plaintiff under Order XXXVII of the CPC – Issue surrounding the service of summons and validity of loan transaction – Trial Court's decree upheld. [Para 1, 8, 13]
Loan Agreement – Financial Tr...
Appeal Maintainability – The appeal, filed under Section 5 of the Kerala High Court Act, 1958, challenges the judgment of a learned single Judge who refused to quash proceedings in C.C. No.290/2022 on jurisdictional grounds, argued through a writ petition under Article 226 of the Constitution of India read with Section 482 of the CrPC. The Bench examined the maintainability of the appeal bas...
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...
Criminal Appeal – Section 138 of the Negotiable Instruments Act – Complaint filed against accused for dishonour of cheques – Accused acquitted by Magistrate – Appeal by complainant – Complainant firm represented by its Branch Manager – Assertion of complainant's status present in the complaint – Evidence of partnership deed and registration of firms pr...
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].
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Essential Pre-requisites under Section 138 of NI Act: Referring to a prior judgment, the Court reiterated the importance of certain dates to be clear in the complaint for making out an offence under Section 138, NI Act. Such dates include the date on the cheque, date of deposit, date of bank’s notice concerning bouncing, date of notice by the drawee/payee to the drawer, date of notice receip...
Cheque Bounce Cases – Dispute over issuance of cheques – Petitioners seeking quashing of Complaint Cases under Section 138 of NI Act – Disputed allegations regarding the issuance of cheques – Whether cheques issued towards discharge of legally enforceable debt – Prima facie case against petitioners – Proceedings not quashed at pre-trial stage – Principles ...
Cheque dishonor under section 138 of NI Act - Dispute between Lokesh Thakkar and Amandeep Singh regarding investment and financial transactions - Amandeep Singh, as Director of M/s Shalini Securities Private Limited, issued 11 cheques amounting to Rs. 50 lakhs each, which got dishonored due to "Funds Insufficient" - Allegations and averments made against M/s Shalini Securities Private Li...