Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court
1 month, 1 week ago

Condition Of Pre-Deposit U/S 148 Negotiable Instruments Act Can't Be Used To Jeopardise Convict's Right To Appeal: Rajasthan High Court

Live Law  

Rajasthan High Court has reiterated that Section 148 of the Negotiable Instruments Act should not be imposed in a situation where the condition of depositing 20% of the fine would amount to deprivation of the right of appeal of a person convicted under Section 138. Section 148, NI Act, provides that in an appeal by a convict of cheque dishonour, the Appellate court may order the appellant to deposit minimum 20% of the fine or compensation awarded by the trial court. After hearing the contentions, the Court observed that a perusal of the impugned order revealed that the Sessions Court made a "grave error" under the impression that Section 148 was absolute in nature. Act, it is always open for the Appellate Court to consider whether it is an exceptional case which warrants grant of suspension of sentence without imposing the condition of deposit of 20% of the fine/compensation amount.” In this background, the Court observed that looking at the financial condition of the petitioner, directing her to deposit 20% of the amount would result in jeopardizing her appeal being dismissed on account of non-compliance of the condition of deposit.

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History of this topic

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent
3 weeks, 2 days ago

Litigants Can't Suffer For Advocate's Bona-Fide Mistake: Rajasthan HC Restores Appeal Dismissed For Failure To Serve Notice On Respondent

Live Law  

Rajasthan High Court has ruled that sometimes bonafide mistake could be committed by the counsel for a litigant by not furnishing the requisite notices upon the opposite party, however, instead of applying a hyper-technical approach and rejecting the case, justice oriented approach should be applied. The Court was hearing writ petitions filed against the order of the Rajasthan Civil Services …

High Court Rejects Plea to Dismiss Cheque Bounce Complaint
1 month, 3 weeks ago

High Court Rejects Plea to Dismiss Cheque Bounce Complaint

Live Law  

The Karnataka High Court has ruled that a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, even if a civil suit for recovery of the money is instituted. The court relied on the Apex court judgment in the case of D.PURUSHOTAMA REDDY v. K.SATEESH, (2008) 8 SCC 505, which held that two …

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court
4 months ago

Negotiable Instruments Act | Court Can Compound Offences U/S 147 Even After Conviction: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court has ruled that under Section 147 of the Negotiable Instruments Act, 1881, offences can be compounded even after the recording of a conviction by the court. Justice Sandeep Sharma delivered this judgment while hearing a petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, read with Section 147 of the Negotiable Instruments Act. …

S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused : Supreme Court
5 months, 4 weeks ago

S.138 NI Act - Cheque Dishonour Complaint Can't Be Transferred At The Instance Of Accused : Supreme Court

Live Law  

The Supreme Court today observed that transfer of a case for the offence of dishonour of cheque under S. 138 of the Negotiable Instruments Act 1881 cannot be sought at the instance of the accused.The vacation bench of Justices AS Oka and Rajesh Bindal dismissed a transfer petition sought at the behest of the accused involved in the offence under …

[Central Excise Act] Mandatory Pre-Deposit U/S 35F For Filing Appeal Before CESTAT Can't Be Waived In Writ Jurisdiction: Allahabad High Court
7 months, 4 weeks ago

[Central Excise Act] Mandatory Pre-Deposit U/S 35F For Filing Appeal Before CESTAT Can't Be Waived In Writ Jurisdiction: Allahabad High Court

Live Law  

The Allahabad High Court has held that mandatory condition of pre-deposit prescribed under Section 35F of the Central Excise Act for filing appeals before the Customs Excise and Service Tax Appellate Tribunal cannot be waived under Article 226 of the Constitution of India. Alternatively, petitioner prayed for waiver of mandatory pre-deposit under Section 35F of the Central Excise Act while …

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court
11 months, 2 weeks ago

S.138 NI Act | Proceedings For Cheque Dishonour Be Quashed Once Complainant Signs Deed Accepting Amount In Full & Final Settlement: Supreme Court

Live Law  

In a Criminal Appeal arising out of proceedings under Section 138 of the Negotiable Instruments Act, 1881, the Supreme Court held that once the settlement has been arrived at and the complainant has signed the deed accepting an amount in full and final settlement, the proceedings under this provision must be quashed. “Considering the overall facts and circumstances of the …

S.138 NI Act | Availability Of Funds In Other Bank Accounts Not A Defence; Cheque Dishonour Relates To Specific Account: Supreme Court
1 year ago

S.138 NI Act | Availability Of Funds In Other Bank Accounts Not A Defence; Cheque Dishonour Relates To Specific Account: Supreme Court

Live Law  

Recently, the Supreme Court categorically held that in proceedings initiated for bounced cheques, the defence that there are sufficient funds in the other bank accounts cannot be appreciated.“In a proceeding under Section 138 of the Negotiable Instruments Act, the accused cannot rely upon other bank accounts for. Recently, the Supreme Court categorically held that in proceedings initiated for bounced cheques, …

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court
1 year, 3 months ago

Erring Officials To Be Held Accountable For Payment Of Cost "From Their Own Pockets" For Unnecessary Delay In Retiral Claims: Rajasthan High Court

Live Law  

The Rajasthan High Court at Jaipur recently issued a mandamus to all the Departments of the State to strictly comply with all the mandatory provisions contained under Chapter VI of the Rajasthan Civil Services Rules, 1996 and not to cause unnecessary delays in payment of pension and all retiral dues to eligible employees. The single judge bench of Justice Anoop …

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence
1 year, 8 months ago

Rajasthan High Court Upholds Benefit Of Probation To Two Convicts, Says Complainant Has No Right To Seek Enhancement Of Sentence

Live Law  

The Rajasthan High Court on Tuesday upheld the judgement of a trial court which extended the benefit of probation to two convicts who were convicted under Section 323, Section 325 and Section 504 of IPC, in alternative to their imprisonment. The singe judge bench of Justice Farjand Ali observed: “I have gone through the judgment passed by learned trial Judge …

Supreme Court Annual Digest 2022- Negotiable Instruments Act
1 year, 11 months ago

Supreme Court Annual Digest 2022- Negotiable Instruments Act

Live Law  

Negotiable Instruments Act, 1881 Section 3 - Banker Negotiable Instruments Act, 1881 - Section 3 - ‘Banker’ includes any person acting as a banker and any post office savings bank. Pradeep Kumar v. Post Master General, 2022 LiveLaw 139 : 6 SCC 351 Section 13 - “Negotiable instrument” Negotiable Instruments Act, 1881 - Section 13 - Different principles apply for …

Undisputed Signatures On The Cheque In Itself Are Not Sufficient For Conviction Under Section 138 Of NI Act: Punjab And Haryana High Court
2 years, 6 months ago

Undisputed Signatures On The Cheque In Itself Are Not Sufficient For Conviction Under Section 138 Of NI Act: Punjab And Haryana High Court

Live Law  

Punjab and Haryana High Court while dealing with an application under Section 378 Cr.P.C. for grant of leave to appeal against the judgment acquitting respondent in Complaint Case of 2012, held that undisputed signatures of the respondent on the cheque in itself are not sufficient for conviction under Section 138 of the Act. The trial court acquitted the respondent by …

Unilateral Deposit Of Amount In Absence Of Allotment Letter Does Not Create Any Rights In Land: Rajasthan High Court
2 years, 8 months ago

Unilateral Deposit Of Amount In Absence Of Allotment Letter Does Not Create Any Rights In Land: Rajasthan High Court

Live Law  

The Rajasthan High Court observed that merely depositing an amount unilaterally by the petitioner-firm, in absence of any allotment letter, would not create any right to claim allotment of land in its favour. The court observed that the allotment of industrial plots on "first come first serve" basis is not approved in the interest of the respondent-Corporation and as such, …

S.148 NI Act | Requirement To Deposit Minimum 20% Of Fine In Appeal Against Conviction U/S 138 Is Mandatory: Rajasthan HC
2 years, 9 months ago

S.148 NI Act | Requirement To Deposit Minimum 20% Of Fine In Appeal Against Conviction U/S 138 Is Mandatory: Rajasthan HC

Live Law  

The Rajasthan High Court observed that if modal auxiliary verbs or imperative words such as 'may', 'should' etc. The court dealt with the question whether the usage of word 'may' in section 148 of Negotiable Instruments Act provides a discretion to the Court to impose or not to impose the condition of depositing minimum 20% of the fine amount. "Had …

Section 138 NI Act - Bank Can't Deny Existence Of Account After Returning Cheque With Remark 'Account Frozen' : Supreme Court
2 years, 9 months ago

Section 138 NI Act - Bank Can't Deny Existence Of Account After Returning Cheque With Remark 'Account Frozen' : Supreme Court

Live Law  

If a cheque is returned by a bank with an endorsement "account frozen", then it presupposes the existence of the account, observed the Supreme Court in a recent case.The Court expressed surprise at the stand of the bank that the no such account was maintained and operated by it, despite returning the cheque with the remark "account frozen".In this background, …

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court
2 years, 11 months ago

'Writ Petition Against Rejection Of Temporary Injunction By Trial Court Not Maintainable Under Art 226, Avail Appellate Remedy': Rajasthan High Court

Live Law  

The Rajasthan High Court has observed that writ petition against rejection of temporary injunction application by trial court is not maintainable under Articles 226 and 227 of the Constitution. Justice Dinesh Mehta, observed, "A writ petition against rejection of TI application by the trial Court is not maintainable under Articles 226 and 227 of the Constitution, as a hierarchy of …

2021 Supreme Court Digest On Negotiable Instruments Act
2 years, 11 months ago

2021 Supreme Court Digest On Negotiable Instruments Act

Live Law  

Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque DishonourIn P Mohanraj and others v M/s Shah Brothers Ispat Ltd, the Supreme Court held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments. Moratorium …

Gravity Of Complaint Under Negotiable Instruments Act Cannot Be Equated With An Offence Under IPC Or Other Criminal Offence: Supreme Court
3 years, 2 months ago

Gravity Of Complaint Under Negotiable Instruments Act Cannot Be Equated With An Offence Under IPC Or Other Criminal Offence: Supreme Court

Live Law  

The Supreme Court observed that the gravity of complaint under Negotiable Instruments Act cannot be equated with an offence under the provisions of the Indian Penal Code or other criminal offence.The court reiterated that that the presumption under Section 139 of the Negotiable Instruments Act would remain, until the contrary is proved. The Supreme Court observed that the gravity of …

Condition Of Pre-deposit Of Fine Amount Cannot Be Imposed To Hear Revision Petition Filed By Convict: Supreme Court
3 years, 4 months ago

Condition Of Pre-deposit Of Fine Amount Cannot Be Imposed To Hear Revision Petition Filed By Convict: Supreme Court

Live Law  

The Supreme Court observed that deposit of fine amount cannot be made a condition precedent for hearing revision petition under Section 397 of the Criminal Procedure Code.In this case, the accused was convicted for the offence under Section 138 of the Negotiable Instruments Act, was sentenced to fine in the sum of Rs.6,00,000/-. The Supreme Court observed that deposit of …

Enlargement of Scope & Changed Judicial Contours of Section 138 NI Act Before SC's Ruling in M/s Laxmi Dyechem v. State of Gujarat
3 years, 6 months ago

Enlargement of Scope & Changed Judicial Contours of Section 138 NI Act Before SC's Ruling in M/s Laxmi Dyechem v. State of Gujarat

Live Law  

Prolegomenon to the Financial Transactions in Cheques: The law apropos negotiable instruments is the law of the commercial world legislated to facilitate the activities & transactions in trade and commerce and further, to bolster the efficacy of banking operations as well as to foster remittances through cheques to discharge debt obligations & liabilities eventually, not only inspiring confidence in creditors …

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