Cheque Bounce under Section 138 of N.I. Act – Revision against orders of lower courts in a cheque bounce case – Question of mandatory notice service under Section 138 and its proof – Original case filed for dishonour of cheque worth Rs. 1.5 lacs issued by the petitioner – Lower courts convicted the petitioner based on Section 138 N.I. Act. [Paras 1-6]
Service of Mandator...
Cheque Dishonour - Inquiry Prior to Issuance of Process – Discrepancy in judicial opinions regarding whether the amendment in Section 202, sub clause (1) of the Code of Criminal Procedure is mandatory or directory – Larger Bench constituted for resolution – Reference to earlier divergent views of Justices V.M. Kanade and S.C. Dharmadhikari – The amendment concerns inquiry b...
Quashing of Criminal Proceedings – Petition under Section 482 Cr.P.C. to quash criminal complaint No.7507 dated 13.06.2016 and subsequent proceedings – Concerns cheque dishonor under Sections 138/141/142 of the Negotiable Instruments Act, related to a real estate transaction [Paras 1, 9].
Dispute Over Payment Amount – Respondent paid ₹23,54,573/- as advance for flat registra...
Cheque Dishonour – Section 138 of Negotiable Instruments Act – Appeal against acquittal of the first respondent for dishonour of a cheque worth Rs. 50,000 due to alleged insufficiency of funds – Trial court acquitted the respondent, leading to this appeal. [Paras 1, 4]
Evidence and Witness Testimonies – Appellant, examined as PW1, submitted evidence including t...
Negotiable Instruments Act – Cheque dishonored – Account blocked – Maintaining the account – Accused acquitted of the offence under Section 138 of the NI Act by the learned Metropolitan Magistrate – Petition seeking leave to appeal against the judgment – Issue of whether the account on which the cheques were drawn can be said to be maintained by the drawer when ...
Cheque Bounce - Criminal Appeal – Leave to appeal against the acquittal in a case under Section 138 of the Negotiable Instruments Act, 1881 – Petitioner, the complainant, seeks leave to appeal against the impugned order of acquittal passed by the Trial Court – The impugned order dated 29.06.2022 acquitted the respondent of the offence under Section 138 of the NI Act – Dispu...
Negotiable Instruments Act – Section 138 – Conviction and Sentence – Appellant and intervenor convicted under Section 138 of the Negotiable Instruments Act – Sentenced to ten months of simple imprisonment and directed to pay a total of Rs. 5 crores in three cases – Conviction and sentence affirmed by the Sessions Court and High Court [Paras 1-5, 7].
Bail and Suspen...
Negotiable Instruments Act – Section 138 – Acquittal of drawer for dishonor of cheque – Appellant’s failure to prove service of legal demand notice crucial for the appeal against acquittal – Requirements under Section 138 NI Act not fulfilled – Appeal dismissed. [Para 1, 5, 20, 26]
Cheque Dishonor – Legal Demand Notice – Importance of pr...
Criminal Appeal – Accused charged under Section 306 of IPC for alleged abetment to suicide – Allegations of instigation, assault, and threats made by the appellants against the deceased – Suicide note and complaint by the third respondent – Analysis of Section 107 of IPC regarding abetment – Lack of mens rea and proximity to suicide – Offence under Section 306 I...
Quashing of Proceedings – Section 482 Cr.P.C. – Petition for quashing complaint under Section 138 of the Negotiable Instruments Act 1881 – Complaint and subsequent summoning order challenged – Petitioner not a signatory to the disputed cheque, issued from a joint account with her husband. [Para 1, 2, 4]
Principal of Liability – Cheque Dishonour – Li...