proceeding action singh service protesters reports death observed case cheque seen incarcerated including act kill award india states accused shame date payals hes minister consular judgment s142 behead face issues

Articles for Dishonour

S.138 NI Act | Director Who Signed Cheque Not Liable For Dishonour When Company Hasn't Been Added As Accused : Supreme Court
1 day, 11 hours 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
Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates
1 month ago

Cognizance Of Cheque Dishonour U/S 138 NI Act Can Be Taken Only Upon A Written Complaint: Jharkhand High Court Reiterates

Live Law  

While hearing a cheque bouncing case, the Jharkhand High Court has reaffirmed that cognizance of offences under Section 142 of the Negotiable Instruments Act does not require a report to the police nor empowers the court to direct the police to investigate the complaint. The court further clarified that under Section 142 of the NI Act the cognizance of an …

Court Fir Complaint Act Petitioner No Allegation 138
DisHonour Code
3 months, 2 weeks ago

DisHonour Code

Times of India  

In demanding students be ‘apolitical’ and ‘patriotic’, a Mumbai univ severely dents their education Everything is political. So, the TISS students who are being made to sign an ‘honour code’ pledging that they won’t indulge in any political, anti-establishment activity are basically signing away their freedom of speech in toto. Their right to demand govt accountability for women’s safety or …

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court
3 months, 3 weeks ago

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court

Live Law  

The Supreme Court reiterated that dishonour of cheque cases can be compounded under Section 147 of the Negotiable Instruments Act only with the consent of a complainant. In the present case, the High Court had compounded the offence, even though the appellants/ complainant had not consented, by invoking its inherent power under Section 482 Cr.P.C. Act, in the absence of …

Consent High Court Court Power High Supreme Act
[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC
4 months ago

[Cheque Dishonour] Accused Often Get Away Due To Lack Of Evidence, Courts Must Acknowledge Friendly Cash Loans Between Parties: Delhi HC

Live Law  

While hearing a matter on cheque bounce under the Negotiable Instruments Act, the Delhi High Court recently said that it would be prudent for courts to acknowledge that friendly cash loans are provided between parties without an existing document trail, with accused often getting acquitted because the complainant is unable to prove the existence of a debt. A single judge …

Trial Court Trial Court Accused High His Statement Cheque
Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court
5 months ago

Proceedings For Cheque Dishonour U/s. 138 NI Act Do Not Constitute Continuing Cause Of Action To Initiate Arbitration: Supreme Court

Live Law  

The Supreme Court recently observed that initiation of proceedings under the Negotiable Instruments Act, 1881 for cheque dishonour does not constitute continuing cause of action for initiating arbitration under the Arbitration and Conciliation Act, 1996. Therefore, the institution of the proceedings under Section 138 does not imply a 'continuing cause of action' for the purpose of initiating arbitration, as erroneously …

Supreme Court Arbitration Action Court Cause Proceedings Supreme
Bailable warrant against filmmaker Rajkumar Santoshi in cheque dishonour case
5 months, 2 weeks ago

Bailable warrant against filmmaker Rajkumar Santoshi in cheque dishonour case

Hindustan Times  

A Delhi court on Saturday issued bailable warrants against movie director and producer Rajkumar Santoshi in a cheque dishonour case filed by businessman Jhoolan Prasad under Section 138 of the Negotiable Instruments Act. Filmmaker Rajkumar Santoshi is known for hits such as “Andaz Apna Apna,” “Damini,” and “Ghayal.” Judicial magistrate first class Aakash Sharma issued the warrants, noting that Santoshi …

Court Sho Rajkumar Santoshi Cheque Santoshi
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 …

Court Transfer Accused Petition Justice Oka Oka 138
Dishonour of cheque of erstwhile bank not an offence: HC
6 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
Can SC Transfer Cheque Dishonour Case To Jurisdiction Where Drawer's Bak Is Situated Despite S.142A NI Act? Supreme Court To Consider
7 months, 3 weeks ago

Can SC Transfer Cheque Dishonour Case To Jurisdiction Where Drawer's Bak Is Situated Despite S.142A NI Act? Supreme Court To Consider

Live Law  

The Supreme Court on Wednesday decided to implead the Union of India as a party to the proceedings that involve the interpretation and consideration of consequences of the amendment made to Section 142A of the Negotiable Instruments Act.“Taking note of the fact that issue involved requires interpretation and also consideration of consequence of the amendment made to Section 142A. The …

India Justice Supreme Court Jurisdiction Court Bank Union
[Cheque Dishonour] Complainant Failed To Prove Cheque Was Issued Against Legally Enforceable Debt: Kerala High Court Acquits Accused
9 months, 1 week ago

[Cheque Dishonour] Complainant Failed To Prove Cheque Was Issued Against Legally Enforceable Debt: Kerala High Court Acquits Accused

Live Law  

The Kerala High Court has held that a complainant under the Negotiable Instruments Act cannot rely on the presumption that the holder of a negotiable instrument has paid consideration for it when his claim is inconsistent.It upheld the acquittal of the accused upon noting that the complainant in the present case had failed to prove that the cheque had been …

Court Accused Complainant Act Instrument Prove Cheque
[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction
10 months, 1 week ago

[S.138 NI Act] Must Examine Those With Direct Knowledge Of Transaction To Prove Allegations Of Cheque Dishonour: Kerala High Court Sets Aside Conviction

Live Law  

The Kerala High Court has stated that the prosecution has to examine a witness who had direct knowledge regarding the transaction, issuance and execution of the cheque to prove dishonour of the cheque. Justice A. Badharudeen observed that the examination of a witness who had no direct knowledge regarding the transaction or issuance of the cheque would be insufficient to …

Knowledge Complainant Direct Execution Transaction Prove Cheque
High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court
10 months, 3 weeks ago

High Court Under S. 482 CrPC Should Not Decide Whether Debt In Cheque Dishonour Case Is Time-Barred: Supreme Court

Live Law  

The Supreme Court recently reiterated that in proceedings under Section 138 of the Negotiable Instruments Act, 1881, the question of whether the underlying debt is time-barred is based on the evidence. “Undoubtedly, the question regarding the time-barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and …

Supreme Court High Court Court Debt Accused High Act
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 …

Court Section 138 Final Settlement Signs Deed
Cheque Dishonour | Onus On Accused To Prove Cheque Issued Towards Repayment Of Loan Was Misused By Complainant: Karnataka High Court
1 year ago

Cheque Dishonour | Onus On Accused To Prove Cheque Issued Towards Repayment Of Loan Was Misused By Complainant: Karnataka High Court

Live Law  

The Karnataka High Court has held that in a cheque bounce case, the onus is on the accused to prove that the cheque was misused after it was issued to another person in lieu of a loan borrowed from them and thus did not amount to a legally enforceable debt. The primary contention of the accused was that the complainant …

Court Loan Accused Complainant Kar Sum Prove
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, …

Supreme Court Court Bank Accused Funds Act Accounts
[Cheque Dishonour] Accused Must Take 'Probable Defence' To Rebut Adverse Presumption U/S 139 NI Act: Karnataka High Court Reiterates
1 year ago

[Cheque Dishonour] Accused Must Take 'Probable Defence' To Rebut Adverse Presumption U/S 139 NI Act: Karnataka High Court Reiterates

Live Law  

The Karnataka High Court has reiterated that to rebut the presumption under Section 139 Negotiable Instruments Act that cheque has been issued in discharge of a debt or liability, the accused must raise 'probable defence'. Faced with accused's mere denial regarding the existence of debt, Justice S Rachaiah remarked, “If the defence taken by the accused is not acceptable obviously …

Defence Court Accused Act Kar Presumption Probable Defence
Directors' Resignations Does Not Automatically Absolve Them Of Legal Responsibility For Dishonour Of Cheque Signed By Them: Jharkhand High Court
1 year, 2 months ago

Directors' Resignations Does Not Automatically Absolve Them Of Legal Responsibility For Dishonour Of Cheque Signed By Them: Jharkhand High Court

Live Law  

In a recent judgment, the Jharkhand High Court ruled against quashing criminal proceedings in a cheque dishonour case, emphasizing that directors' resignations from a company do not automatically absolve them of legal responsibilities particularly when the cheque was signed by them. Advocate AK Kashyap, the senior counsel representing the petitioners in both cases, emphasized that the petitioner, Pramod Shankar Dayal, …

Legal Court Resignation Criminal Proceedings Company Directors Signed
Cheque Dishonour Cases - What Should Courts Ask Accused Once Presumption Under S.139 NI Act Is Applicable? Supreme Court Explains
1 year, 2 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
Illegal Fee Of Advocate Is Not A Legal Claim: Madras High Court Quashes Proceedings Against Client For Dishonour Of Cheque Paid To Advocate
1 year, 3 months ago

Illegal Fee Of Advocate Is Not A Legal Claim: Madras High Court Quashes Proceedings Against Client For Dishonour Of Cheque Paid To Advocate

Live Law  

The Madras High Court recently came to the rescue of a client who had been proceeded against the Negotiable Instruments Act based on a complaint by a lawyer for dishonor of cheque by observing that a fee, which is per se illegal as per the Legal Practitioners Rules, will not be a legal claim and a legal liability could not …

Legal Court Madurai Fee Complaint Claimed Illegal
S.142 NI Act | Third Party Cannot Prosecute Drawer For Dishonour Of Cheque: Kerala High Court
1 year, 3 months ago

S.142 NI Act | Third Party Cannot Prosecute Drawer For Dishonour Of Cheque: Kerala High Court

Live Law  

The Kerala High Court recently laid down that a third party cannot prosecute the drawer of cheque for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881. Perusing Section 142 of the Act which provides that no court shall take cognizance of. Perusing Section 142 of the Act which provides that no court shall take cognizance of …

Court Kerala High Court Complaint Act Due Course 138 Section 138
Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme Court
1 year, 4 months ago

Cheque Dishonour - Concurrent Sentencing Rule Only When Cases Arise Out Of Single Transaction: Supreme Court

Live Law  

The Supreme Court observed that it is only when the conviction in a cheque case arise out of the single transaction, concurrent sentence would be merited. The court noted that, in the instant case, there were several transactions over a period of time pertaining to supply of raw material to the petitioner for which the cheques tendered towards payment, were …

Supreme Court Court Case Sentence Single This Case Transaction
Wanton Arraignment Of Directors In Cheque Dishonour Cases, Without Reference To Their Role, Requires To Be Deprecated & Discouraged: Delhi High Court
1 year, 5 months ago

Wanton Arraignment Of Directors In Cheque Dishonour Cases, Without Reference To Their Role, Requires To Be Deprecated & Discouraged: Delhi High Court

Live Law  

Observing that the wanton arraignment of directors in the cheque dishonour cases, without reference to their role, amounts to an abuse of the salutary process of criminal law, the Delhi High Court has quashed the summoning orders against the directors of a company in a case under Section 138 of the Negotiable Instruments Act, 1881. The wanton arraignment of directors …

Delhi Court Complaints Criminal Orders Company Bangalore
[S.147 Negotiable Instruments Act] Offence Can Be Compounded Post-Conviction For Cheque Dishonour: Himachal Pradesh High Court
1 year, 9 months ago

[S.147 Negotiable Instruments Act] Offence Can Be Compounded Post-Conviction For Cheque Dishonour: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court on Wednesday observed that courts while exercising power under Section 147 of the Negotiable Instrument Act are sufficiently empowered to proceed to compound an offence, even in cases where accused stands convicted. The moot question that fell for adjudication was as to whether after upholding the judgments of conviction and order of sentence passed by …

High Court Court Conviction Order Accused Act Sentence