May 31, 2026 7:52 am

Cheque Dishonour

Dishonour of Cheque—Appeal/Revision against convition not to be dismissed for non payment of fine.

Bysclaw

May 14, 2017

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Cheque Dishonour

Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed.

May 28, 2026 sclaw

Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 — Dishonour of Cheque — Separate Causes of Action — Quashing of Complaint under Section 482 Cr.P.C. — Where multiple cheques are issued in relation to the same underlying liability, but are distinct instruments (drawn on different accounts, presented on different dates, and dishonoured separately), each dishonour gives rise to a separate cause of action under Section 138 NI Act — The fact that two complaints relate to the same transaction does not bar parallel prosecution, especially where the statutory requirements of presentation, dishonour, notice, and non-payment are fulfilled separately for each instrument — High Court erred in quashing one complaint on the ground that two parallel prosecutions for the same underlying liability amounted to an abuse of process of law, as this violated the principle of separate cause of action for distinct cheque instruments. (Paras 33, 35, 45(a))

Jan 11, 2026 sclaw

Cheque Dishonour

Criminal Procedure Code, 1973 (CrPC) — Section 482 — Inherent powers of High Court — Negotiable Instruments Act, 1881 — Section 138 (Dishonour of cheque for insufficiency of funds) — Quashing of criminal proceedings — Scope of inquiry at pre-trial stage — When complaint discloses all necessary ingredients of Section 138 of N.I. Act, High Court should not conduct a roving inquiry into disputed questions of fact, such as whether the cheque was issued for the discharge of a legally enforceable debt or liability, especially in light of the statutory presumption under Section 139 of the N.I. Act — Quashing of complaint at the threshold by the High Court by appreciating evidence/materials is unwarranted where a prima facie case is made out.

Jan 4, 2026 sclaw

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the reasoning in the impugned judgment that the non-obstante clause would not in any manner dilute or override the employer’s obligation to deposit the amounts retained by it or deducted by it from the employee’s income, unless the condition that it is deposited on or before the due date, is correct and justified. The non-obstante clause has to be understood in the context of the entire provision of Section 43B which is to ensure timely payment before the returns are filed, of certain liabilities which are to be borne by the assessee in the form of tax, interest payment and other statutory liability. I

May 28, 2026 sclaw

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May 28, 2026 sclaw

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI Act) — Sections 138 and 141 — Quashing of criminal proceedings — Vicarious liability of office bearers — For a person other than the drawer or signatory of a dishonoured cheque to be prosecuted under Section 141 of the NI Act, it must be specifically averred in the complaint that such person was in charge of and responsible for the conduct of the business of the company or society at the time the offence was committed.

May 28, 2026 sclaw

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May 28, 2026 sclaw