dishonour of cheque
Delhi Court acquits accused under Section 138 NI Act on failure to establish debt adjustment
The complainant woefully failed to account for the amount of Rs 6,11,071/- which was due on him towards the accused. Therefore, it cannot be said that the amount represented on the cheque in question was a legally recoverable debt.
Complaint for dishonour of cheque to be filed within one month from the date on which cause of action arose: Allahabad HC upholds summoning order
Allahabad High Court said that the petitioner had 15 days’ period to make the payment from the date of receipt of notice, on 08-01-2020, and the said period expired on 23-01-2020. Therefore, the cause of action for filing the complaint arose on 23-01-2020, as per clause (c) of the proviso of Section 138.
Explained | Supreme Court verdict on principles relating to presumption and evidential burden under Ss. 138 & 139 of NI Act
“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”
HIGH COURTS JULY 2023 WEEKLY ROUNDUP| Stories on Srikant Tyagi; West Bengal Panchayat Election; Telangana Eunuchs Act; and more
A quick legal roundup to cover important stories from all High Courts this week.
Explained| Supreme Court’s power under Section 406 CrPC to transfer Section 138 NI Act cases and effect of non-obstante clause under Section 142(1) NI Act
Supreme Court said that as four of the six cases have been filed by the respondent company before the Dwarka Courts at New Delhi and only two such cases are pending before the Courts at Nagpur, it would be convenient and in the interest of all concerned, that the cases be transferred to the Dwarka Courts at New Delhi.
Explained| Dishonour of Cheques: Can non-executive Directors of the accused company be held vicariously liable under Section 141 NI Act?
Supreme Court: In an appeal against a judgment passed by the Calcutta High Court dismissing the Criminal Revision Application filed
Can accused be tried under NI Act as well as under IPC on similar set of allegations or will it amount to double jeopardy? Larger SC bench to decide
Supreme Court: The bench of SA Nazeer and JK Maheshwari*, JJ has called upon a larger bench to decide if on similar
Can charges under S. 138 of NI Act sustain in case of non-compliance with the clauses of a Non-competing Agreement? Tis Hazari Court elucidates
Tis Hazari Court, Delhi: While deciding the instant complaint filed under S. 138 of Negotiable Instruments Act, 1881, wherein the dispute revolved
Dishonour of cheque| Partner cannot be held to be vicariously liable when partnership firm is not tried as primary offender: SC
Supreme Court: Explaining the law on vicarious liability under the Negotiable Instruments Act, 1881, the bench of Ajay Rastogi and Sanjiv Khanna*,
Presumption against signatory of a Cheque, Plea of lost cheque to be proved at trial: Del HC refuse quashing of summoning order for S. 138 NI Act offence
Delhi High Court: Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed
Devika Sharma in Ep. 61 of SCC Online Weekly Rewind brings you two top stories of long-awaited developments, judgment on Marital Rape Exception and Stay on Sedition Law, et al.
Top Stories of the Week Sedition Law under scanner| All pending cases to be kept in abeyance; Centre/States urged not to register
A blank cheque leaf voluntarily signed and handed over towards some payment: Would it attract presumption under S. 139 NI Act in absence of cogent evidence? Dwarka Courts explains
Dwarka Courts, New Delhi: Deeksha Sethi, MM (NI Act)—06, reiterated that, even a blank cheque leaf, voluntarily signed and handed over by
Liability of Guarantor for Cheque Dishonour: Can lender enforce his right against either principal borrower or his guarantor? Dwarka Courts answers
Dwarka Courts, Delhi: Rahul Jain, Metropolitan Magistrate, while addressing a matter regarding dishonour of cheque, held that mere assertion of non-receipt of
Law on S. 146 NI Act | Bank’s slip denoting cheque has been dishonoured: A prima facie evidence? Explained by Tis Hazari Courts
Tis Hazari Courts, New Delhi: While addressing a decision revolving around Section 138 of Negotiable Instruments Act, 1881, Sanjay Sharma-II, Additional Sessions
Cheque issued as a security and not in discharge of legally recoverable debt; Is the contention sufficient to quash proceedings under N.I. Act at pre-trial stage? SC examines
“The quashing proceedings must not become an expedition into the merits of factual dispute, so as to conclusively vindicate either the complainant or the defence.”
When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC
Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible
110 Reports from 20 High Courts: Money Laundering, Child Marriages, Rule of Law, PC & PNDT Act, Adultery, Media Trial and more | April RoundUp 2022
110 Reports from 20 High Courts Allahabad High Court Money Laundering For money launderers “jail is the rule and bail is an
Can power under S. 482 CrPC be exercised where allegations are required to be proved in Court of law? Del HC explains
Delhi High Court: Rajnish Bhatnagar, J., expressed that the Court in the exercise of its jurisdiction under Section 482 CrPC cannot go