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Articles for Cheque Dishonour

Negotiable Instruments Act: All India Annual Digest 2024
1 month, 2 weeks ago

Negotiable Instruments Act: All India Annual Digest 2024

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. The court said, “It is pertinent to note that said Prabhakar is not even examined on behalf of the accused, nor any material like counterfoil or cheque issuing register is placed on record so as to establish that the cheque has been …

India Karnataka Supreme Court High Court Court Gujarat Criminal Procedure
Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court
1 month, 2 weeks ago

Moratorium During Insolvency Process Does Not Bar Cheque Dishonour Proceedings Against Persons Referred U/S 141 Of NI Act: Kerala High Court

Live Law  

The Kerala High Court yesterday, observed that during the Corporate Insolvency Resolution Process, initiation of cheque dishonour proceedings, due to the moratorium, is prohibited only against the corporate debtor and not against the persons referred under Section 141 of the Negotiable Instruments Act. “ When the Corporate Insolvency Resolution Process of the company is underway, the corporate debtor would be …

Kerala Corporate Court Insolvency Company Proceedings Act
Criminal Liability For Cheque Dishonour Primarily On Drawer Company, Officers Are Held Liable Only If Section 141 Is Satisfied: Gujarat HC
1 month, 2 weeks ago

Criminal Liability For Cheque Dishonour Primarily On Drawer Company, Officers Are Held Liable Only If Section 141 Is Satisfied: Gujarat HC

Live Law  

Referring to various case laws on this aspect Justice Divyesh A. Joshi in his order said, “It is found out from the materials available on record that the applicant accused no.3 is not the signatory of the cheque and she has tendered her resignation way-back in the year 2013. As per the above-stated case laws, the liability under Section 141 …

Court Case Company Liability Accused Act Offence
Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal
2 months, 2 weeks ago

Cheque Dishonour: Rajasthan High Court Sets Aside Conviction After Compromise, But Imposes 15% Cost On Drawer Citing Failed Appeal

Live Law  

Rajasthan High Court set aside conviction and sentence in a cheque dishonour case in light of settlement reached between the parties while imposing a cost of 15% of the cheque value on the petitioner since the compromise was reached at after rejection of appeal filed by the convict and pending revision petition. The bench of Justice Manoj Kumar Garg was …

Court Set Petition Petitioner Cheque Cheque Dishonour
S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court
3 months ago

S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court

Live Law  

The Supreme Court reiterated that the authorised signatory of a company cannot be held liable under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque drawn on the company's account unless the company is arraigned as the principal accused. The Sessions Court upheld the conviction, but the Calcutta High Court reversed it, ruling that the cheque …

Supreme Court Court Director Company Accused Held Fir
Dishonour of cheque of erstwhile bank not an offence: HC
9 months, 1 week ago

Dishonour of cheque of erstwhile bank not an offence: HC

Hindustan Times  

The Allahabad high court has ruled that cheques from erstwhile banks became ‘invalid’ after September 30, 2021. For representation only Justice Arun Kumar Singh Deshwal observed while allowing a petition filed by one Archana Singh Gautam seeking quashing of the entire criminal proceeding, including the impugned summoning order in a Complaint Case under Section 138 NI Act. “From the perusal …

Act 138 Cheque Banks Bank Indian Bank Invalid
Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains
1 year, 5 months ago

Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains

Live Law  

Reiterating the principles relating to the presumption under Section 139 of the Negotiable Instruments Act 1881, the Supreme Court reversed the acquittal of an accused in a case for cheque dishonour.A bench comprising Justices Aravind Kumar and SVN Bhatti observed that there was a "fundamental flaw" in the approach taken by both the Trial Court and the High Court.Summarising the …

Supreme Court Evidence Court Courts Accused Discharged Proof
Cheque Dishonour Case Convict Agrees To Pay After 10 Yrs Litigation; Supreme Court Imposes Rs 5 Lakh Cost For Wasting Judicial Time
2 years, 5 months ago

Cheque Dishonour Case Convict Agrees To Pay After 10 Yrs Litigation; Supreme Court Imposes Rs 5 Lakh Cost For Wasting Judicial Time

Live Law  

A party faced the ire of the Supreme Court for taking a cheque dishonour dispute to the level of apex level before agreeing to settle the matter with the complainant. The appellant had approached the Supreme Court challenging the concurrent orders of conviction passed by three courts against him for the offence of cheque dishonour under Section 138 of the …

Supreme Court Court Judicial Time Courts Complainant Supreme 10 Years
'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases
3 years, 11 months ago

'Amend Section 138 NI Act To Allow One Trial For Multiple Cases From Single Transaction' : Supreme Court Issues Directions For Expeditious Trial Of Cheque Cases

Live Law  

A constitution bench of the Supreme Court on Friday issued a set of directions to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act.The directions are as follows :The High Courts are requested to issue practice directions to the Magistrates to record reasons before converting trial of complaints under Section 138 of the. A …

Trial High Courts Court Complaints Cases Courts Case
Pre And Post-Summons Online Mediation, Summons Via SMS/WhatsApp, Disclosure Of Defence Before Trial [Read Amici Reports On Fast Disposal Of Cheque Cases]
4 years, 4 months ago

Pre And Post-Summons Online Mediation, Summons Via SMS/WhatsApp, Disclosure Of Defence Before Trial [Read Amici Reports On Fast Disposal Of Cheque Cases]

Live Law  

Senior Advocate Sidharth Luthra and Advocate K Parameshwar, the amici curiae appointed by the Supreme Court to suggest steps to expedite the trial of cheque dishonour cases under Section 138 of the Negotiable Instruments Act, have submitted a preliminary report before the SC on October 11.Yesterday, a bench headed by the Chief Justice of India sought the responses of all …

Trial Mediation Cases Courts Accused Report Act
Dishonour Of Cheque: Presence Of Complainant Not Required To Take Cognizance Of Offence, Holds Kerala HC
6 years, 1 month ago

Dishonour Of Cheque: Presence Of Complainant Not Required To Take Cognizance Of Offence, Holds Kerala HC

Live Law  

The Kerala High Court has held that the presence of the complainant is not necessary to take cognizance of a cheque bouncing case under Section 138 of the Negotiable Instruments Act, 1881,if the complaint is accompanied by an affidavit and all necessary documents are in order. The court first examined Section 145 of the NI Act, which was introduced via …

Court Complainant Act Section 138 Cognizance Section 145 Section 145 Of
Streamline Lower Courts’ Trial In Cheque Bounce Cases: MP Lawyers Plead CJ
7 years, 7 months ago

Streamline Lower Courts’ Trial In Cheque Bounce Cases: MP Lawyers Plead CJ

Live Law  

A group of advocates has requested MP High Court Chief Justice Hemant Gupta to issue orders to the lower courts to follow Supreme Court directives in hearing of cheque dishonour cases.The advocates sought intervention of the chief justice in the matter and requested to issue orders in this regard.According to the advocates, the lower courts be directed to complete the …

Supreme Court Court Advocates Courts Lower Cheque Dishonour Cases Mp Lawyers