Cheque Dishonour Archives - Page 4 of 13 - Supreme Court of India Judgements

October 19, 2025 2:30 pm

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…

Cheque Dishonour

CrPC) – Section 205 – Magistrate may dispence with personal appearance of accused – In any event there could be no justification for not dispensing with the personal appearance of the Appellants, when the Company had entered appearance through an authorized officer. HELD all directors summoned on the basis of a statement that they are in charge of and responsible for the conduct of the business of the company, without anything more, does not fulfil the requirements of Section 141 of the NI Act.

Aug 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUNITA PALITA AND OTHERS — Appellant Vs. M/S PANCHAMI STONE QUARRY — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Criminal…

Cheque Dishonour

IMP — Negotiable Instruments Act, 1881 (NI) – Section 143A – An accused who had failed to deposit interim compensation could be fastened with any other disability including denial of right to cross-examine the witnesses examined on behalf of the complainant

Aug 14, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH NOOR MOHAMMED — Appellant Vs. KHURRAM PASHA — Respondent ( Before : Uday Umesh Lalit, S. Ravindra Bhat and Sudhanshu Dhulia, JJ. ) Criminal…

Cheque Dishonour

Partnership Act, 1932 – Dishonour of cheque – vicarious liability in the criminal law in terms of Section 141 of the NI Act cannot be fastened because of the civil liability – The Firm was not made an accused.- Appellant partner cannot be convicted.

May 15, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH DILIP HARIRAMANI — Appellant Vs. BANK OF BARODA — Respondent ( Before : Ajay Rastogi and Sanjiv Khanna, JJ. ) Criminal Appeal No. 767…

Cheque Dishonour

Cheque – Quashing of complaint at a pre-trial stage – the accused may be given an un-merited advantage in the criminal process – –when the cheque and the signature are not disputed by the appellant – the accused will have due opportunity to adduce defence evidence during the trial, to rebut the presumption

Apr 28, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RATHISH BABU UNNIKRISHNAN — Appellant Vs. THE STATE (GOVT. OF NCT OF DELHI) AND ANOTHER — Respondent ( Before : K.M. Joseph and Hrishikesh…

Cheque Dishonour

Dishonour of cheque – When, the complainant/payee is a company, an authorized employee can represent the company – Such averment and prima facie material is sufficient for the Magistrate to take cognizance and issue process – Quashing of complaint set aside

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S TRL KROSAKI REFRACTORIES LIMITED — Appellant Vs. M/S SMS ASIA PRIVATE LIMITED AND ANOTHER — Respondent ( Before : N.V. Ramana, CJI, A.S.…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw

Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw

Category: Cheque Dishonour

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