Interim Compensation under Section 143A NI Act – Questions on Discretionary Nature – Various petitions filed challenging orders of Metropolitan Magistrates directing the petitioners to pay interim compensation ranging from 10% to 12% of dishonoured cheque amounts - The petitions dispute the interpretation and application of Section 143A of the NI Act concerning its mandatory or discret...
Interim Compensation Under Section 143A NI Act – Discretion of Trial Court - Petitions filed challenging orders mandating interim compensation under Section 143A NI Act - Contested nature of "mandatory" versus "discretionary" powers of the court examined in detail - Supreme Court's interpretation underscores discretionary exercise by trial courts - Factors s...
Negotiable Instruments Act, 1881 - Section 138 - Expeditious Trial - Application under Section 482 Cr.P.C. seeking direction for expeditious conclusion of trial - Complaint filed in 2021 but trial not concluded - Emphasis on statutory mandate under Section 143(2) and 143(3) N.I. Act for day-to-day trial and conclusion within six months - Apex Court directions in Indian Bank Association v. Union of...
Negotiable Instruments Act – Section 138 – Dishonour of Cheque – Conviction and Sentence – Criminal Revision – Petitioner issued a cheque to the complainant, which was dishonoured due to “Account Closed” – Contention that the cheque was issued as surety for a debt owed by her husband – No legally enforceable debt directly between petitioner and...
Acquittal Appeal - Presumption under Negotiable Instruments Act - Burden of proof - Rebuttal of presumption - Appeal challenging judgment and order of acquittal under Section 378 of the Criminal Procedure Code (Cr.P.C.) - Complaint filed under Section 138 of the Negotiable Instruments Act (NI Act) for dishonor of cheque - Complainant alleged default in loan repayment by accused - Cheque issued tow...
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...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Conviction upheld by the appellate court for dishonour of cheque issued by revision petitioner – Substantive sentence modified to imprisonment till rising of court and fine of Rs. 4 lakh. [Paras 1, 5, 7]
Borrowed Money – Claim of Rs. 4 lakh loan by respondent substantiated with bank statements a...
Criminal Procedure – Quashing of Proclamation Order – Petitioners declared as proclaimed persons under Section 82 Cr.P.C. in a complaint under Section 138 of the Negotiable Instruments Act – Settlement between the parties and withdrawal of the complaint – Quashing of proclamation order due to settlement and procedural contravention. [Paras 1-2]
Compromise – Effect ...
Cheque Dishonour – Section 138 of the Negotiable Instruments Act – Conviction of the revision petitioner under Section 138 upheld by Sessions Court – Revision petitioner’s appeal against conviction and sentence. [Para 1, 4-5]
Legal Competence of Power of Attorney Holder to File Complaint – Challenge to the competence of PW1 to file the complaint on behalf of the co...
Cheque Dishonor - Allegation of Non-Repayment of Loan – Petitioner accused of not depositing a sum of Rs.11,00,000/- in a fixed deposit and issuing a dishonored cheque for Rs.10,00,000/-. [Para 2]
Abuse of Process of Law – Petitioner's contention of multiple complaints against the respondent for physical and mental torture and the non-availability of ingredients of Section 138 o...