14 September 2020

Search Results for Tag : Dishonour


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


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


Failure to cross examine witness on material portions of deposition must be taken as being truthful and credible(07.12.2016)

Plaintiff had filed present suit for a summary decree in sum of Rs.1,49,50,000/- with interest @ 18% p.a. on amount of Rs.1,00,00,000/¬ from .....

Tags : Agreement, Dues payment, Dishonour


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


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


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



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


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


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


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


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