Readiness and Willingness Under Section 16(c) Is Not a Ritualistic Phrase — Plaintiff Must Prove It With Substance, Not Just Words: Karnataka High Court FIR in Disproportionate Assets Case Quashed: Patna High Court Slams SP for 'Non-Application of Mind' and 'Absence of Credible Source Information' Ownership of Vehicle Linked to Commercial Quantity of Heroin – Custodial Interrogation Necessary: Punjab & Haryana High Court Denies Anticipatory Bail under Section 482 BNSS Death Caused by Rash Driving Is Not a Private Dispute — No FIR Quashing on Basis of Compromise in Section 106 BNS Cases: Punjab & Haryana High Court No Bank Can Override Court Orders: Rajasthan High Court Slams Axis Bank for Unauthorized Withdrawal from Court-Ordered FD" Indian Courts Cannot Invalidate Foreign Arbitral Awards Passed Under Foreign Law: Madhya Pradesh High Court Enforces Texas-Based Award Despite Commercial Court’s Contrary Decree Sudden Quarrel over Mound of Earth — Not Murder but Culpable Homicide: Allahabad High Court Eligibility Flows from Birth, Not a Certificate Date: Delhi High Court Strikes Down Rule Fixing Arbitrary Cut-Off for OBC-NCL Certificates in CAPF (AC) Recruitment Bar Under Order II Rule 2 CPC Cannot Be Invoked Where Specific Performance Was Legally Premature Due To Statutory Impediments: P&H High Court Calling Wife by Her Caste Name in Public Just Before Suicide is Immediate Cause of Self-Immolation: Madras High Court Upholds Husband’s Conviction Under Section 306 IPC No Work No Pay Is Not a Universal Rule: Punjab & Haryana High Court Dock Identification Without Prior TIP Is Absolutely Useless: P&H High Court Upholds Acquittal in Attempt to Murder Case Filing Forged Court Pleadings in Union Government’s Name is Criminal Contempt: Karnataka High Court Sentences Litigant to Jail Execution of Will Proved, But Probate Justly Denied Due to Concealment of Property Sale: Delhi High Court Mere Designation Doesn’t Establish Criminal Liability: Bombay High Court Quashes Proceedings Against ICICI Officials in Octroi Evasion Case Fraud on Power Voids the Order: Supreme Court Quashes FIR Against Karnataka BJP Leader R. Ashoka, Slams Politically Motivated Prosecution Cause of Fire Is Immaterial If Fire Itself Is Insured Peril: Supreme Court Rebukes Insurer’s Repudiation Dragging a Trained Army Officer Up 20 Steps Without Resistance? The Story Lacks Credence: Supreme Court Upholds Acquittal in Army Officer’s Murder Semen Stains Alone Do Not Prove Rape: Supreme Court Acquits Doctor Accused of Rape No Mortgage, No SARFAESI: Supreme Court Rules Against NEDFi, Says Recovery Action in Nagaland Without Security Agreement Was Illegal Parity Cannot Be Denied by Geography: Supreme Court Holds Jharkhand Bound by Patna HC's Judgment, Orders Pay Revision for Industries Officer Once Power Flows Continuously from a Synchronized Turbine, It Is No Longer Infirm: Supreme Court Orders TANGEDCO to Pay Fixed Charges to Penna Electricity

Punjab and Haryana High Court Dismisses Revision Petition in Cheque Dishonour Case

03 September 2024 10:09 AM

By: Admin


In a recent judgment, the Punjab and Haryana High Court, presided over by Justice Sudhir Mittal, dismissed a revision petition filed in a cheque dishonour case. The petitioner, Aman Goyal, had challenged his conviction and sentence under Section 138 of the Negotiable Instruments Act, 1881.

The complaint against the petitioner alleged that he induced the complainant to invest a sum of Rs. 2 crores in a business venture, promising returns if the project did not commence by a specified date. However, the cheque issued by the petitioner for a sum of Rs. 2.33 crores, including interest, was dishonoured, leading to the complaint.

After considering the evidence presented, both the trial court and the appellate court had returned concurrent findings, concluding that the cheque was issued to discharge a legally enforceable liability, and the payment of Rs. 2 crores had been proven. The defense's claim that the complainant fraudulently obtained the petitioner's cheque book by forging his application was disbelieved, as other cheques from the same cheque book were issued and honoured.

Justice Sudhir Mittal, in the judgment, highlighted that the forensic examination of the disputed cheque had confirmed the genuineness of the petitioner's signature. This finding, coupled with the testimony of the witness from the bank and the absence of evidence to support the defense's claim, led the court to uphold the presumption in favor of the complainant under Section 139 of the Act. The court further noted that the judgments relied upon by the petitioner were distinguishable on their facts.

Court held that the revision petition lacked merit and dismissed it. The petitioner's appeal against his conviction and sentence was therefore unsuccessful.

Date: April 25, 2023

Aman Goyal  Versus  Aneet Goel 

Latest Legal News