Supreme Court of India Judgements

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Category: Cheque Dishonour

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Section 138 – Evidence Act, 1872 – Section 73 – Cheque Bounce – Comparison of signature – In an appropriate case, the certified copy of the specimen signature maintained by the Bank can be procured with a request to the Court to compare the same with the signature appearing on the cheque by exercising powers under Section 73 of the Evidence Act, 1872.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJITSINH CHEHUJI RATHOD — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Cheque Bounce – Default in payment of agreed amount – Violation of undertaking given before the High Court and further violated the condition contained in the order granting extension of time to comply – Order cancelling the order of suspension of sentence and bail is upheld.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATISH P. BHATT — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Sections 138 and 139 – Dishonour of cheque – Appeal against acquittal – Rebuttal of rebuttal – Once the presumption under Section 139 was given effect to, the Courts ought to have proceeded on the premise that the cheque was, indeed, issued in discharge of a debt/liability. The entire focus would then necessarily have to shift on the case set up by the accused, since the activation of the presumption has the effect of shifting the evidential burden on the accused. The nature of inquiry would then be to see whether the accused has discharged his onus of rebutting the presumption. If he fails to do so, the Court can straightaway proceed to convict him – Order of acquittal set aside – Appeal allowed.

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH JAIN — Appellant Vs. AJAY SINGH — Respondent ( Before : Aravind Kumar and S.V.N. Bhatti, JJ. ) Criminal Appeal No. of 2023…

Cheque Dishonour

Dishonour of cheque – Quashing of complaint – Merely because somebody is managing the affairs of the company, per se, he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company – Person liable is in charge of and was responsible to the company for the conduct of the business of the company – Complaint quashed

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIBY THOMAS — Appellant Vs. M/S. SOMANY CERAMICS LTD. — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal Appeal No.…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Sections 138 and 142 – Dishonour of Cheque – – The limitation period, as per Article 34 of the Limitation Act, begins when the fixed time expires, in this case, December 2016 – Therefore, the cheque, dated April 28, 2017, falls within the limitation period –

Sep 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. HYMAVATHI — Appellant Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant Kumar Mishra, JJ.…

Cheque Dishonour

Partner in firm – Powers u/s 482 of the Cr P C can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques – The case in hand is not of that kind – Impugned order passed by the High Court quashing the summoning order and the complaints against the respondent are set aside – Appeal allowed.

Aug 27, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RIYA BAWRI ETC. — Appellant Vs. MARK ALEXANDER DAVIDSON & OTHERS — Respondent ( Before : Hima Kohli and Rajesh Bindal, JJ. ) Criminal…

Cheque Dishonour

Dishonour of cheque – Setting aside of conviction and sentence – Settlement between with parties – Respondents will have no objection as the outstanding amount has already been received by them – Conviction and sentence under Section 138 of the Negotiable Instruments Act is set aside

Jun 20, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH R VARATHARAJAN — Appellant Vs. RAMASAMY — Respondent ( Before : Vikram Nath and Sanjay Kumar, JJ. ) Criminal Appeal No 1698 of 2023…

Cheque Dishonour I B C

Dishonour of cheque – Liability – the criminal proceedings under Section 138 of the NI Act will stand terminated only in relation to the corporate debtor if the same is taken over by a new management – Section 138 proceedings in relation to the signatories/directors who are liable/covered by the two provisos to Section 32A(1) will continue in accordance with law.

Mar 19, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJAY KUMAR RADHEYSHYAM GOENKA — Appellant Vs. TOURISM FINANCE CORPORATION OF INDIA LIMITED — Respondent ( Before : Sanjay Kishan Kaul and Abhay S.…

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