Supreme Court of India Judgements

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Category: Cheque Dishonour

Cheque Dishonour

Dishonour of Cheque–Notice–An omnibus notice without specifying as to what was the amount due under the dishonoured cheque would not subserve the requirement of law. Dishonour of Cheque–Notice–Demand of payment within 10 days–Whether notice valid ? YES. Dishonour of Cheque–Notice–Unless a notice is served in conformity with Proviso (b) appended to Section 138 of the Act, the complaint petition would not be maintainable.

Jul 13, 2017 sclaw

2007(5) LH (SC) 3404  IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Harjit Singh Bedi Criminal Appeal No. 525 of 2005…

Cheque Dishonour

Criminal Procedure Code, 1973, S.427–Concurrent running of sentences-­ Dishonour of Cheque—The settled legal position favours the exercise of the discretion to the benefit of the prisoners in cases where the prosecution is based on a single transaction, no matter even if different complaints in relation thereto might have been filed

Jun 12, 2017 sclaw

2016(5) Law Herald (P&H) 3881 (SC) : 2016 LawHera|d.Org 1912 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Dipak Misra The Hon’ble Mr. Justice Amitava Roy Criminal…

Cheque Dishonour

Complaint should contain averment that accused were incharge of the business of the company – Complainant bound to make statement on oath as to how offence was committed and accused persons were responsible therefor – Appellants were not Directors of the Company at the relevant time – Impugned order directing issue of process cannot be sustained and set aside.

May 29, 2017 sclaw

  AIR 2006 SC 3086 : (2007) 2 BC 210 : (2006) 6 CompLJ 290 : (2006) CriLJ 4602 : (2006) 12 JT 20 : (2006) 9 SCALE 212 :…

Cheque Dishonour

Dishonour of cheque—Territorial jurisdiction of Court to entertain complaint—Issue of statutory notice cannot constitute a valid ground for conferring jurisdiction upon Court concerned to take cognizance of offence under Section 138—Issue of statutory notice demanding payment of cheque amount is not sufficient to vest Delhi Courts with jurisdiction to entertain complaint

May 14, 2017 sclaw

  (2014) 3 BC 695 : (2014) 9 SCALE 134 : (2014) 8 SCC 878 : (2014) 3 BC 695 : (2014) 3 CCR 547 : (2014) 4 RCR(Civil) 243…

Cheque Dishonour

Negotiable Instruments Act, 1881 — Section 138 -Court has examined the issue at some length and held that presentation of a cheque by the complainant at a place of his choice or issue of notice by him to the accused demanding payment of the cheque amount are not sufficient by themselves to confer jurisdiction upon the courts where such cheque was presented or notice issued

Apr 23, 2017 sclaw

  (2014) 10 SCALE 299 : AIR 2015 SC 1006 : (2014) 4 BC 209 : (2014) 4 CCR 190 : (2014) 123 CLA 15 : (2015) 1 JCC 22…

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