Cheque Dishonour Archives - Page 3 of 13 - Supreme Court of India Judgements

June 2, 2025 6:50 am

Dishonour of cheque – Transfer of case from one state to another state – Power of SCOI Court to transfer pending criminal proceedings under Section 406 Cr.P.C. does not stand abrogated thereby in respect of offences under Section 138 of the Act of 1881 – Appeal allowed.

Feb 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH YOGESH UPADHYAY AND ANOTHER — Appellant Vs. ATLANTA LIMITED — Respondent ( Before : Dinesh Maheshwari and Sanjay Kumar, JJ. ) Transfer Petition (Criminal)…

Cheque Dishonour

Dishonour of cheque – Compromise between parties – Respondent No.2 was duty bound to file a compromise petition before the High Court, and by not doing the same has led to an unwarranted confirmation of the Appellants’ conviction. Set aside conviction appeal allowed

Feb 9, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH B V SESHAIAH — Appellant Vs. THE STATE OF TELANGANA AND ANOTHER — Respondent ( Before : Krishna Murari and V. Ramasubramanian, JJ. )…

Cheque Dishonour

Accused Relies On Income Tax Returns To Show Complainant Did Not Have Financial Capacity – Plea accepted

Jan 19, 2023 sclaw

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL/CIVIL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1978 OF 2013 RAJARAM S/O SRIRAMULU NAIDU (SINCE DECEASED) THROUGH L.RS. …APPELLANT (S) VERSUS MARUTHACHALAM (SINCE DECEASED) THROUGH…

Cheque Dishonour

Cheque Dishonour – Company – By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company. HELD Merely being a director of a company is not sufficient to make the person liable under Section 141 of the Act. A director in a company cannot be deemed to be in charge of and responsible to the company for conduct of its business

Nov 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PAWAN KUMAR GOEL — Appellant Vs. STATE OF U.P. AND ANOTHER — Respondent ( Before : Krishna Murari and Bela M. Trivedi, JJ. )…

Cheque Dishonour

“A complaint under Section 138 cannot be transferred as per the convenience of the accused. However, the petitioner is a woman and a senior citizen. Therefore, she can always seek exemption from personal appearance,”

Oct 30, 2022 sclaw

“A complaint under Section 138 cannot be transferred as per the convenience of the accused. However, the petitioner is a woman and a senior citizen. Therefore, she can always seek…

Cheque Dishonour

Whether cheque was issued for time barred debt or not cannot be decided in quashing petition under Section 482 CrPC: Supreme Court The Court quashed an order of the Punjab and Haryana High Court which had set aside a cheque bounce case under Section 138 of the Negotiable Instruments Act.

Oct 30, 2022 sclaw

“Whether the cheque in question had been issued for a time barred debt or not, itself prima facie, is a matter of evidence and could not have been adjudicated in…

Cheque Dishonour

U/S 56 r w S 15 of the N I Act, 1881, an endorsement may be made by recording the part-payment of the debt in the cheque or in a note appended to the cheque – If the unendorsed cheque is dishonoured on presentation, the offence u/ S 138 would not be attracted since the cheque does not represent a legally enforceable debt at the time of encashment.

Oct 12, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH DASHRATHBHAI TRIKAMBHAI PATEL — Appellant Vs. HITESH MAHENDRABHAI PATEL AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and Hima Kohli, JJ.…

Cheque Dishonour

Dishonour of cheque – Offence by company – High Court should not interfere under Section 482 of the Code at the instance of an accused unless it comes across some unimpeachable and incontrovertible evidence to indicate that the Director/partner of a firm could not have been concerned with the issuance of cheques.

Sep 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH S.P. MANI AND MOHAN DAIRY — Appellant Vs. DR. SNEHALATHA ELANGOVAN — Respondent ( Before : Surya Kant and J.B. Pardiwala, JJ. ) Criminal…

Cheque Dishonour

The presumption which arises on the signing of the cheque cannot be rebutted merely by the report of a hand-writing expert. Even if the details in the cheque have not been filled up by drawer but by another person, this is not relevant to the defense

Aug 30, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ORIENTAL BANK OF COMMERCE — Appellant Vs. PRABODH KUMAR TEWARI — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A S Bopanna, JJ.…

Cheque Dishonour

Whether on similar set of allegations of fact the accused can be tried for an offence under NI Act which is special enactment and also for offences under IPC unaffected by the prior conviction or acquittal and, the bar of Section 300(1) Cr.P.C. would attract for such trial? Larger bennch.

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH J. VEDHASINGH — Appellant Vs. R.M. GOVINDAN AND OTHERS — Respondent ( Before : S. Abdul Nazeer and J.K. Maheshwari, JJ. ) Criminal Appeal…

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C P C

A plaint cannot be rejected under Order 7 Rule 11 CPC where triable issues of title and validity of sale deeds based on revoked authority and unregistered documents exist, or where multiple causes of action allow for survival of other reliefs.

Jun 1, 2025 sclaw

State Laws

Nagaland Village and Area Councils Act, 1978 — Section 3 — Recognition of villages — State’s duty to consider objections fairly — Failure appears to have occurred in present case — Objections by appellant regarding ancestral land ownership not adequately considered by State authorities before recommending recognition — Court cannot definitively decide complex factual disputes regarding land ownership and customary practices — Appropriate for State authorities to resolve such issues.

Jun 1, 2025 sclaw

I P C SC/ST

Lack of prima facie material to substantiate allegations of cheating, sexual intercourse under false promise of marriage or caste-based exploitation — Allowing prosecution would be abuse of process.

Jun 1, 2025 sclaw

Maintenance

Permanent Alimony — Basis for determination — Considerations include husband’s income, past earnings, financial disclosures, wife’s financial needs, standard of living during marriage, inflation, and wife’s continued reliance on maintenance.

Jun 1, 2025 sclaw

Category: Cheque Dishonour

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