Search Results for Tag : Cheque
Statute
Negotiable Instruments (Amendment) Second Ordinance, 2015(22.09.2015)
The government introduced the Negotiable Instruments (Amendment) Second Ordinance, 2015. The Ordinance clarifies that jurisdiction for cheque bounce c.....
Tags : Cheque, ordinance, negotiable instruments, jurisdiction
read»
Top Story
RBI announces implementation of Positive Pay System for Cheque payments(25.09.2020)
RBI introduces Positive Pay System for Cheque Truncation. The system is to be implemented from January 1, 2021. The concept of Positive Pay involves a.....
Tags : Positive Pay System, Cheque payments, Implementation
read»
Lok Sabha passes Negotiable Instruments (Amendment) Bill, 2017(23.07.2018)
In order to reduce undue delay in final resolution of cheque dishonour cases and to provide relief to payees of dishonoured cheques, Parliament has pa.....
Tags : Bill, Amendment, Cheque bounce, Compensation
read»
Judgments
Supreme Court endeavours to protect shareholders from greedy management(25.11.2015)
Transaction buying-back shares purporting to transfer over 15 per cent of total shareholding, particularly when conducted between promoters of a compa.....
Tags : Share, buy-back, minimum price, announcement, cheque
read»
Jurisdiction vested where cheque delivered for collection(24.11.2015)
The Supreme Court accepted the explanation that pursuant to the Negotiable Instruments (Amendment) Second Ordinance, 2015, “the place where a cheque i.....
Tags : Dishonoured cheque, jurisdiction, collection, drawee
read»
Maintenance of regular savings bank account and availing services provided by Bank covered under definition of consumer(11.11.2016)
Issue in present case is relating to deficiency in service on part of Bank in denying payment of cheque and resultantly, financial loss had been cause.....
Tags : Penalty, Cheque, Payment
read»
Accused had to prove in the trial by leading cogent evidence that, there was no debt or liability(29.10.2018)
It is the case of the Complainant that, the Accused borrowed a sum of Rs. 25,000 from him and in discharge of the said loan, the Accused issued the ch.....
Tags : Cheque, Dishonour, Acquittal, Validity
read»
If cheque is not issued for discharge of any debt or other liability, Section 138 of NI Act cannot be invoked(15.11.2019)
Present is an appeal filed under Section 378 of the Code of Criminal Procedure, 1973 (CrPC) impugning an order and judgment passed by the Judicial Mag.....
Tags : Cheque, Liability, Acquittal
read»
Mere fact of arbitration clause in agreement cannot prevent criminal prosecution against accused, if an act constituting a criminal offence is prima facie made out(17.01.2020)
In facts of present case, the complainant is a company conducting chitty business. Mr. M.L. George was the subscriber of four chitties conducted by th.....
Tags : Cheque bounce, Proceedings, Quashing of
read»
Blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act, 1881, when signatures are admitted by the Accused(10.02.2021)
Appellant No. 1 and its managing partner(Appellant No. 2) are in appeal challenging the judgment passed by the High Court, whereby the order of acquit.....
Tags : Cheque bounce, Conviction, Legality
read»
Summons to directors justified, if complaint filed under Sections 138 & 141 of NI Act alleges that Directors were in charge of and were responsible for conduct of business of the company(08.10.2021)
The present appeals are directed against the common judgment filed at the instance of the Appellants under Section 482 of Code of Criminal Procedure, .....
Tags : Directors, Liability, Cheque bounce
read»
Article 136 of the Constitution only confers a right to obtain special leave in rare and extraordinary cases(07.03.2022)
The Appellant calls in question the judgment of the High Court by which it dismissed the Criminal Revision filed against the order of the Sessions Jud.....
Tags : Cheque bounce, Conviction, Legality
read»
When signatures on cheques had been admitted, presumption would arise that, cheques had been issued towards some legally enforceable debt(17.10.2023)
The instant petition under Section 397 read with Section 401/482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petit.....
Tags : Cheques, Issuance, Presumption
read»
Once doubt regarding loan transaction creeps in, benefit goes to accused(27.02.2024)
In present matter, case was filed by present Appellant setting up a case that, out of friendly relations and due to financial need he gave loan of Rs......
Tags : Chequebounce, Acquittal, Legality
read»
Director of Company can be liable for dishonour of cheque, if he was in charge of day-to-day affairs of the company or a signatory to the cheque(15.03.2024)
The present appeals challenge the common judgment and order passed by the High Court, whereby the High Court rejected the prayer for quashing of compl.....
Tags : Cheque dishonour, Liability, Director
read»
If cheque amount with assessed cost and interest has been paid, proceedings can be closed even in absence of complainant(01.01.2019)
The complainant/Respondent No. 1 instituted a complaint under Section 138 of the Negotiable Instruments Act, 1881 ('Act') against the Petitioner on th.....
Tags : Proceedings, Cheque, Dishonour, Compounding thereof
read»
Statement of the accused recorded under Section 313 of CrPC is not a substantive evidence of defence to rebut the presumption under Section 139 of the NI Act(09.03.2021)
The Appellant is aggrieved by the judgment passed by the High Court holding the Appellant guilty of offence under Section 138 of the Negotiable Instru.....
Tags : Cheque bounce, Conviction, Legality
read»
No necessity for complaint to aver actual date of service of notice against dishonoured cheque(17.08.2015)
If the complaint contains the date of issuance of registered notice, merely not containing the date of receipt of information from the bank regarding .....
Tags : Banking, cheque, date of service, notice
read»
Post-dated cheques given as security against advance do not constitute a legally enforceable liability(14.08.2015)
When cheques are given as security against an advance, and could not be encashed unless the account between the parties was settled, the amount of suc.....
Tags : Cheque, dishonour, enforceable liability, post-dated
read»
News
P&H HC: When Signature on Cheque is Admitted, Appointment of Handwriting Expert Doesn't Arise(17.03.2022)
Punjab and Haryana High Court has upheld the view taken by the lower court that when signature over a cheque in question has not been specifically den.....
Tags : Punjab and Haryana High Court, Signature on Cheque
read»
Lok Sabha Passes Bill for Quick Prosecution in Cheque Bounce Cases(24.07.2018)
Lok Sabha has passed a bill for quick prosecution in cheque bounce cases and provide compensation to the complainant.
Tags : Lok Sabha, Cheque Bounce
read»
Madras HC Dismisses Appeal in Cheque Bounce Case(25.07.2016)
Madras HC has held that private complainants in cheque bounce cases cannot prefer appeals against acquittal of the accused, directly before the High C.....
Tags : Madras HC , cheque bounce cases
read»
S.138 NI Act Offence Attracted Even If Cheque Issued For Sale Consideration: Delhi High Court(12.07.2018)
Delhi High Court has held that offence of dishonour of cheque under Section 138 of Negotiable Instruments Act is attracted even if the cheque was issu.....
Tags : Delhi High Court, Cheque
read»
Gujarat HC Sends Disputed Cheque to Handwriting Expert in Larger Interest of Fair Trial(29.06.2022)
Gujarat High Court has directed to send the disputed cheque to the Forensics Laboratory for the opinion of the Handwriting Expert to ensure the larger.....
Tags : Gujarat High Court, Cheque, Handwriting Expert
read»
No Legally Enforceable Debt If Cheque Issued for Illegal Consideration: Karnataka High Court(02.08.2018)
Karnataka High Court has quashed a complaint filed for dishonour of cheque under Section 138 of Negotiable Instruments Act on the ground that the comp.....
Tags : Karnataka High Court, Cheque
read»
Supreme Court Refuses to Extend Validity Period of Cheques(15.07.2020)
Supreme Court has refused to extend the period of validity of a cheque, while holding that a decision on the same may be taken by the Reserve Bank of .....
Tags : Supreme Court, Validity Period of Cheques
read»
Security cheques to be proved as given in discharge of legally enforceable debt(15.09.2015)
In a case involving arrest of the accused for dishonoured cheques, the Court allowed the accused’s petition. It noted the peculiar facts of the case a.....
Tags : Security, cheque, presumption, enforceable debt
read»
If the special statute provides a different procedure, the provisions of the Cr. PC would not apply to the extent of inconsistency(07.07.2020)
By means of present petition filed under Section 397/401 read with Section 482 of Code of Criminal Procedure, 1973 (CrPC), the order taking cognizance.....
Tags : Dishonour, Cheque, Cognizance, Legality
read»
Complaint filed on behalf of a company under Section 138 of the NI Act not to be dismissed merely for reason that it stated the name of Managing Director first followed by Company's name(10.11.2021)
The case made out in the complaint is that, a sum of Rs.1,60,000 was advanced to the Respondent by the Company and the cheques were issued to repay th.....
Tags : Cheque bounce, Complaint, Maintainability
read»
Orissa HC: Court Can Take Cognizance of Complaint on Notice Pursuant to Re-Presentation of Cheque(11.04.2022)
Orissa High Court has ruled that Court can take cognizance of a complaint for cheque bounce filed under Section 138 of the Negotiable Instruments Act,.....
Tags : Orissa High Court, cognizance, cheque bounce, Section 138 of the Negotiable Instruments Act, 1881, dishonour
read»
P&H HC: Cheque-Bounce Not An Offence Against Society(17.08.2020)
Punjab and Haryana High Court has stated that cheque bounce is not an offence against society and an accused can escape punishment by settling with th.....
Tags : Punjab and Haryana High Court, Cheque-Bounce
read»
Meghalaya HC: Dishonored Cheque Must Have Been Issued by Account Holder U/S.138 NI Act(18.05.2022)
Meghalaya High Court has reiterated that the dishonoured cheque must have been issued by the account holder under his name and signature for an offenc.....
Tags : Meghalaya High Court, Dishonoured Cheque, Section 138, Negotiable Instruments Act, 1881
read»
Supreme Court: Set Up Pilot Courts to Deal With Cheque Bounce Cases(19.05.2022)
Supreme Court in a bid to reduce the pendency of cheque bounce cases under S. 138 of the Negotiable Instruments Act, ordered the establishment of pilo.....
Tags : Negotiable Instruments Act, Supreme Court, Cheque Bounce, Pilot Courts
read»
ITAT: Expenses Paid Through Cheques Based on Self-Made Voucher Allowable as Income Tax Deduction(10.06.2022)
Income Tax Appellate Tribunal (ITAT), Pune bench has allowed the expenses paid through cheques based on the self-made voucher allowable as deduction u.....
Tags : ITAT, Deductions, Cheque
read»
Bombay HC: Accept Cheques & Demand Drafts For Bails and Sureties(02.12.2016)
Bombay High Court has issued a notice directing all subordinate Courts in State to begin accepting cheques and demand drafts instead of provisional ca.....
Tags : Bombay High Court, Cheques, Demand Drafts, Bails, Sureties
read»
Cheque Bounce Complaint Filed by Power of Attorney Maintainable in Law: Supreme Court(03.10.2018)
Supreme Court has reiterated in a case where Special Power of Attorney had filed the complaint that a cheque bounce complaint filed by the Power of At.....
Tags : Supreme Court, Cheque Bounce
read»
NCLT: Issue of Post Dated Cheques is Not Unqualified Admission of Debt(15.06.2022)
National Company Law Tribunal (NCLT), Allahabad Bench has held that issuance of post dated cheques cannot be taken to be unqualified admission of debt.....
Tags : NCLT, Negotiable Instruments Act, Post Dated Cheques
read»
SC: Drawer Liable Even if Details of Cheque Was Filled Up by Some Other Person(29.08.2022)
Supreme Court has held that a drawer of a cheque is liable even if the details in the cheque have been filled up not by the drawer, but by some other......
Tags : Supreme Court, Cheque, Presumption
read»
Delhi High Court: Specific Averments to be Mentioned in Case of Dishonor of Cheque(30.11.2020)
Delhi High Court has passed an order quashing criminal proceedings against the former CEO of a company in a cheque dishonour case by observing that as.....
Tags : Delhi High Court, Dishonor of Cheque
read»
SC Seeks HC’s Response on Report Suggesting Expeditious Trial of Cheque Bounce Cases(28.10.2020)
Supreme Court has sought the responses of all High Courts to the preliminary report submitted by Amici Curiae with suggestions for expeditious trial o.....
Tags : Supreme Court, Expeditious Trial of Cheque Bounce Cases
read»
Bombay HC: Court Not Obliged to Direct Payment of Interim Compensation in Cheque Bounce Cases(04.08.2022)
Bombay High Court has held that courts don't have a duty to grant interim compensation to the complainant in a cheque bounce case. The Court also held.....
Tags : Bombay High Court, Interim Compensation, Cheque Bounce
read»
COMPANY - Cheque Bounce Case Against Director: Must be Proved that Director responsible for Company's Conduct(11.03.2019)
Supreme Court has reiterated that, a 'cheque bounce' complaint against a Company and its Director, must contain a specific averment that Director was .....
Tags : Supreme Court, Cheque Bounce Case Against Director
read»
COMPANY - Cheque Bounce Case Against Director: Must be Proved that Director Responsible for Company's Conduct(11.03.2019)
Supreme Court has reiterated that, a 'cheque bounce' complaint against a Company and its Director, must contain a specific averment that Director was .....
Tags : Supreme Court, Cheque Bounce Case Against Director
read»
Cal. HC: Order Of Acquittal in Cheque Bounce Case Can't be Challenge Before Sessions Court(04.11.2022)
Calcutta High Court has held that appeal against the order of acquittal of the accused in a cheque bounce case can be filed only before the High Court.....
Tags : Calcutta High Court, Cheque Bounce, Session Court
read»
'Cheque Bounce' Complaint Based on Second Notice After Re-Presentation of Cheque Maintainable: SC(18.01.2019)
Supreme Court has held that a 'cheque bounce' complaint filed based on the second statutory notice issued after re-presentation of cheques, is maintai.....
Tags : Supreme Court, Cheque Bounce Complaint
read»
Madras HC Rejects Plea Seeking Direction Against Payment of Interest Towards Seized Travelers Cheque(17.12.2020)
Madras High Court has rejected the plea seeking direction against authority to pay 15% interest towards seized travelers cheques on the ground of undu.....
Tags : Madras High Court, Interest on Seized Travelers Cheques
read»
Cheque Bounce Complaint Against Director Not Maintainable if Company is Not Arraigned as Accused: SC(25.01.2019)
Supreme Court has reiterated that a 'cheque bounce' complaint against the director of the company is not maintainable if the company is not arraigned .....
Tags : Supreme Court, Cheque Bounce Complaint
read»
Accused and His Witnesses can Lead Evidence on Affidavit in Dishonour of Cheque Trial: Gujarat HC(31.01.2019)
Gujarat High Court has held that just like the witnesses, the accused in a case filed under Section 138 of the Negotiable Instruments Act can also lea.....
Tags : Gujarat High Court, Dishonour of Cheque Trial
read»
SC: No Offence U/S 138 NI Act if Cheque is Presented for Full Amount Without endorsing Part Payment(11.10.2022)
Supreme Court has held that no offence for dishonour of cheque under Section 138 of Negotiable Instruments (NI) Act is made out if cheque is presented.....
Tags : Supreme Court, Cheque, Part Payment
read»
SC: Cheque Case Against Partner Can be Quashed if Evidence Exists he wasn’t Concerned with Issuance(19.09.2022)
Supreme Court has held that a High Court can quash a cheque case only if it comes across some unimpeachable and incontrovertible evidence to indicate .....
Tags : Supreme Court, Cheque, Evidence
read»
SC Seeks Views on Creation of Additional Courts for Trial of Cheque Dishonour Cases(25.02.2021)
Supreme Court has sought the views of the Central Government on the creation of additional Courts for the trial of cheque dishonour cases under Sectio.....
Tags : Supreme Court, Trial of Cheque Dishonour Cases
read»
Subsequent Filling of Unfilled Signed Cheque is Not Alteration U/S 138 NI Act: SC(08.02.2019)
Supreme Court has held that subsequent filling of unfilled signed cheque is not an alteration and even a blank cheque leaf, voluntarily signed, would .....
Tags : Supreme Court, Cheque Bounce
read»
SC: Additional Accused Can’t be Impleaded After Expiry of Limitation Period U/S 142 of NI Act(18.11.2022)
Supreme Court has held that impleadment of additional accused subsequent to the filing of a cheque bounce complaint is not permissible once limitation.....
Tags : Supreme Court, Cheque Bounce, Limitation, Impleadment
read»
Gujarat High Court: Husband Not Liable For Cheque Issued by Wife(10.04.2017)
Gujarat High Court has held that husband is not liable for a cheque issued by wife in her personal capacity.
Tags : Gujarat High Court, Wife, Cheque
read»
SC: Person Who Has Not Drawn Cheque Cannot Be Prosecuted U/s 138 NI Act(09.03.2021)
Supreme Court has observed that, even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheq.....
Tags : Supreme Court, Person Who Has Not Drawn Cheque
read»
Madras HC: Loss to State Exchequer Due to Negligence of Public Servant Must be Recovered from Him(26.12.2022)
Madras High Court has held that when a public servant is guilty of negligence and such act results in payment of statutory compensation or relief to v.....
Tags : Madras High Court, State Exchequer, Negligence, Public Servant
read»
Supreme Court Says ‘Compensation’ Recoverable From Accused Even If ‘Default Sentence’ Suffered(08.05.2017)
Supreme Court has held that compensation ordered by Court would be recoverable even though a default sentence has been suffered in a cheque bounce cas.....
Tags : Supreme Court , cheque bounce
read»
CRIMINAL - Presence of Complainant Not Required to Take Cognizance in Dishonour of Cheque Case: Kerala HC(28.02.2019)
Kerala High Court has held that presence of complainant is not necessary to take cognizance of a cheque bouncing case under Section 138 of Negotiable .....
Tags : Kerela High Court, Cognizance in Dishonour of Cheque Case
read»
SC: Blank Cheque Would Attract Presumption under Section 139 NI Act if Signatures are Admitted(11.02.2021)
Supreme Court has observed that even a blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act, 1881 when sign.....
Tags : SC, Blank Cheque
read»
Bouncing of Cheque, Issued for Insurance Premium is Breach of Promise: Bombay HC(22.04.2019)
Bombay High Court has held that when a cheque issued towards payment of insurance premium bounces, an insurance company is not bound to indemnify owne.....
Tags : Bombay High Court, Insurance, Cheque Bounce
read»
SC Issues Directions to Expedite Trial of Cheque Dishonour Cases(16.04.2021)
Supreme Court has issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, 1881.....
Tags : Supreme Court, Expedite Trial of Cheque Dishonour Cases
read»
Allahabad HC: Complaint for Dishonour of Cheque Cannot be Dismissed Because Date Not Mentioned(15.06.2021)
Allahabad High Court has held that a complaint for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, cannot be dismissed .....
Tags : Allahabad High Court, Complaint for Dishonour of Cheque
read»
Delhi High Court Terms Practice of Collecting 'Undated Cheques' by Excise Dept 'Illegal'(22.05.2017)
Delhi High Court has termed practice of collecting undated cheques from assesses by officials of Anti-Evasion Department of Central Excise ‘illegal’.
Tags : Delhi High Court, Undated Cheques
read»
Del HC: Making Chairpersons Liable for Cheque Dishonour Would Unfairly Expand Vicarious Liability(18.04.2023)
Delhi High Court has quashing cheque dishonor proceedings under Section 138 of Negotiable Instruments Act, observed that holding chairpersons liable f.....
Tags : Delhi High Court, Cheque Dishonour, Vicarious Liability
read»
Cheque Bounce Cases: Madras High Court Directive to Subordinate Courts(10.09.2015)
Madras High Court has issued directions to all subordinate courts in State to ensure that cheque bounce cases were heard only by courts within whose j.....
Tags : Madras High Court, cheque bounce cases
read»
Delhi HC Rejects Plea Filed 898 Days After Lower Court’s Decree In Cheque Dishonour Case(21.07.2017)
Delhi High Court has dismissed a plea filed by a woman against a lower court’s’ decree in a suit for dishonour of cheque of Rs. 3.96 lakh passed almos.....
Tags : Delhi High Court, Cheque Dishonour Case
read»
Delhi HC Issues Practice Directions to Magistrates on Cheque Bouncing Cases(22.06.2021)
Delhi High Court has issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instruments A.....
Tags : Delhi High Court, Cheque Bouncing Cases
read»
Telangana High Court Issues Practice Directions on Cheque Bouncing Cases(28.06.2021)
Telangana High Court has issued practice directions to Magistrates and Trial Courts having jurisdiction to try offences under the Negotiable Instrumen.....
Tags : Telangana High Court, Cheque Bouncing Cases
read»
All. HC: Notice Not Invalid if Other Amount is Separately Indicated Along With Cheque Amount(15.05.2023)
Allahabad High Court has held that to make a valid demand notice as per proviso of section 138(b) of Negotiable Instruments Act, notice should be ment.....
Tags : Allahabad High Court, Cheque Amount, Notice
read»
Negotiable Instruments (Amendment) Bill, 2015(14.12.2015)
Passed by Lok Sabha in August of this year, the Rajya Sabha too stamped approval on the Negotiable Instruments (Amendment) Bill, 2015. The Bill addres.....
Tags : Negotiable instruments, cheque, jurisdiction, 2015
read»
Kar. HC: Husband Misusing Wife’s Signed Cheque Constitutes Cruelty(12.09.2023)
Karnataka High Court has held that husband making wife a scapegoat by subjecting her to criminal proceedings initiated by his creditors by misusing he.....
Tags : Karnataka High Court, Cruelty, Cheque
read»
Allahabad HC: HC Can Nullify Order of Conviction in Criminal Revision in Cheque Bounce Case(16.08.2021)
Allahabad High Court has held that High Court can nullify an order of conviction passed by it in a Criminal Revision in a Cheque bouncing case, by usi.....
Tags : Allahabad High Court, Order of Conviction in Criminal Revision in Cheque Bounce Case
read»
SC: Interim Compensation in Cheque Dishonour Case can be Given Only After Accused Pleads Not Guilty(18.07.2023)
Supreme Court has held that interim compensation in cheque dishonour case can be granted only after the accused has pleaded not guilty as per section .....
Tags : Supreme Court, Interim Compensation, Cheque Dishonour
read»
Ker. HC: Complaint U/S 138 NI Act Can be Filed in Court where Cheque was Presented for Collection(23.08.2023)
Kerala High Court has observed that court where cheque is presented for collection has jurisdiction to entertain dishonour complain under Section 138 .....
Tags : Kerala High Court, Cheque, Jurisdiction
read»
SC: Strong Evidence Required for Quashing Cheque Case Against Firm's Partner(25.08.2023)
Supreme Court has held that powers under Section 482 of CrPC to quash cheque case against firm's partner can be exercised by High Court in case when i.....
Tags : Supreme Court, Cheque Case, Partner
read»
Telangana HC: Presumption in Favour of Cheque Holder was Unsustainable in Absence of Evidence(14.09.2021)
Telangana High Court held that the presumption in favour of Cheque Holder was unsustainable in absence of corroborative evidence regarding debt transa.....
Tags : Telangana High Court, Presumption in Favour of Cheque Holder
read»
SC: Power u/s 482 CrPC can be Exercised in Cheque Bounce Case if Amount Is Patently Non-Recoverable(08.09.2023)
Supreme Court has held that only in cases wherein an amount which is non-recoverable, towards which a cheque is issued, dishonoured and for recovery o.....
Tags : Supreme Court, Cheque Bounce, Section 482 CrPC
read»
Bom. HC: Unregistered Partnership Firm Can be Made an Accused in Cheque Bounce Case(19.10.2023)
Bombay High Court has held that registration or non-registration of the partnership firm will have no bearing insofar as Section 141 of Negotiable Ins.....
Tags : Bombay High Court, Cheque Bounce, Unregistered Partnership Firm
read»
SC: Complaint under Section 138 Valid Against Dishonour of Cheque Issued Pursuant to Lok Adalat Award(08.11.2019)
Supreme Court has observed that a complaint under Section 138 of the Negotiable Instruments Act, 1881for dishonor of cheque issued pursuant to the Lok.....
Tags : SC, Dishonour of Cheque
read»
SC: If Signature on Cheque Is Admitted, Presumption Under Section 139 Will Be Raised(27.09.2021)
Supreme Court has observed that if the signature on the cheque is admitted, then presumption under Section 139 of the Negotiable Instruments Act, 1881.....
Tags : Supreme Court, Signature on Cheque
read»
Bom. HC: Magistrate Needn’t Provide Additional Reasons for Amount of Interim Compensation Awarded(29.09.2023)
Bombay High Court has held that as long as requirements provided in Section 143A of the Negotiable Instruments Act, 1881 are met, Magistrate is not ob.....
Tags : Bombay High Court, Interim Compensation, Cheque Dishonour
read»
SC: Only Person Responsible for the Conduct of Company’s Business is Liable for Dishonour of Cheque(11.10.2023)
Supreme Court has held that only that person who, at the time the offence was committed, was in charge and responsible to the company for the conduct .....
Tags : Supreme Court, Dishonour of Cheque, Company
read»
Supreme Court: Production of Account Book Not Relevant in Cheque Bounce Cases(05.02.2020)
Supreme Court has observed that the production of the account books or cash book may not be relevant in a criminal case filed under Section 138 of the.....
Tags : Supreme Court, Production of Account Books in Cheque Bounce Cases
read»
Kerala HC: Convict in Cheque Bounce Case can Submit Fine Directly to Complainant(04.01.2022)
Kerala High Court has observed that a convict in a cheque bounce case can pay the fine amount directly to the complainant. It is not necessary to depo.....
Tags : Kerala High Court, Convict in Cheque Bounce Case
read»
J&K&L HC: Dishonour of Cheque Due to Incomplete Signature Offence u/s 138 of NI Act(05.01.2022)
Jammu and Kashmir and Ladakh High Court has held that the dishonour of a cheque for the reason that there were incomplete signatures appearing on the .....
Tags : Jammu and Kashmir and Ladakh High Court, Dishonour of Cheque, Incomplete Signature
read»
Bombay HC: Once Payment Applied as Per Creditor Discretion, No Plea on Dishonoured Cheque(24.01.2022)
Bombay High Court has held that once a payment has been applied as per creditor's discretion under Section 60 of the Contract Act, 1872 to a few of th.....
Tags : Bombay High Court, Dishonoured Cheque
read»
Supreme Court: Directors of Company Not Liable For Dishonor of Cheque After Their Retirement(16.02.2024)
Supreme Court has observed that the Director of a company cannot be held liable for the dishonor of a cheque after his retirement, which has been issu.....
Tags : Supreme Court, Dishonor of Cheque, Directors of Company
read»
SC: Cheque Dishonour Proceedings to be Quashed Once Settlement Deed is Signed by the Complainant(09.01.2024)
Supreme Court has held that once settlement has been arrived at and the complainant has signed the deed accepting a particular amount in full and fina.....
Tags : Supreme Court, Cheque Dishonour, Settlement Deed
read»
Allahabad HC: In Cheque Bounce Case, Accused can be Summoned on Basis of Affidavit(13.12.2021)
Allahabad High Court has observed that in a cheque bounce case for insufficient funds, even on the basis of affidavit filed on behalf of the complaina.....
Tags : Allahabad High Court, Cheque Bounce Case
read»
SC: Certifed Copy of Specimen Sign Can Be Procured From Bank if Sign on Cheque Disputed by Accused(30.01.2024)
Supreme Court has held that in a complaint under Section 138 of Negotiable Instruments Act, 1881 if accused is disputing the signature on cheque, then.....
Tags : Supreme Court, Specimen Sign, Sign on Cheque, Section 138 of NI Act
read»
SC Directs RBI to Consider Developing New Proforma Cheque to Include Purpose of Payments(11.03.2020)
Supreme Court has directed the Reserve Bank of India to consider developing a new proforma of cheques to include the purpose of payment, along with ot.....
Tags : Supreme Court, Proforma Cheque
read»
RBI Relaxes Norms in Cheque Dishonour Cases(05.08.2016)
Reserve Bank of India (RBI) has relaxed norms in cheque dishonour cases of Rs 1 crore and above.
Tags : Reserve Bank of India , Cheque Dishonour Cases
read»
Supreme Court: Presumption U/S 139 of NI Act Can’t Be Rebutted By Mere Denial(03.07.2018)
Supreme Court has reiterated that mere denial of a debt or liability cannot shift the burden of proof from the accused in a case of dishounor of chequ.....
Tags : Supreme Court, Cheque
read»
All. HC: Returning Unpaid Check With Endorsement of Account Closed Amounts to Dishnonor of Cheque(27.02.2024)
Allahabad High Court has held that if an unpaid cheque has been returned by bank with the endorsement Account Closed then it shall be equivalent to Di.....
Tags : Allahabad High Court, Section 138 of NI Act, Dishonor of Cheque, Account Closed
read»
SC: Defence That 'Cheque Issued as Security' Not Believable in Absence of Further Evidence(17.02.2020)
Supreme Court has observed that the defence of the accused that the cheques were given by way of security is not believable in the absence of further .....
Tags : Supreme Court, Cheque Issued as Security
read»
Supreme Court to HCs: What Have You Done to Speed Up Cheque Bounce Cases(18.06.2018)
Supreme Court has sought action taken reports from all the 24 high courts on speeding up cheque-bounce cases, which have been clogging the criminal co.....
Tags : Supreme Court, Cheque Bounce
read»
Kerala HC: If Signature is Admitted by Drawer, it is Immaterial if Entries Made by Another Person(17.03.2020)
Kerala High Court has held that if the drawer admits the signature in the cheque, it is immaterial whether some other person had made the entries in t.....
Tags : Kerala High Court, Signature on Cheque
read»