12 August 2024

Search Results for Tag : cheque bounce

Judgments

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

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

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

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

News

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

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

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

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

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

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

Top Story

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

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

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

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

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

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

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

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

'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

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

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

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

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

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

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

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

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

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

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

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

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

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