Supreme Court of India Judgements

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Category: Cheque Dishonour

Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – When a cheque is drawn out and is relied upon by the drawee, it will raise a presumption that it is drawn towards a consideration which is a legally recoverable amount; such presumption of course, is rebuttable by proving to the contrary – Onus is on the accused to raise a probable defence and the standard of proof for rebutting the presumption is on preponderance of probabilities – Conviction under Section 138 of NI Act uphold.

Dec 12, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH K.S. RANGANATHA — Appellant Vs. VITTAL SHETTY — Respondent ( Before : N.V. Ramana, CJI, A.S. Bopanna and Hima Kohli, JJ. ) Criminal Appeal…

Cheque Dishonour

Dishonour of cheque – Quashing of criminal proceedings -There are sufficient averments in the complaint to raise a prima facie case against them – It is only at the trial that they could take recourse to the proviso to Section 141 and not at the stage of issuance of process – It is evident that the principal grounds of challenge which have been set up on behalf of the appellants are all matters of defence at the trial –

Dec 11, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUNIL TODI AND OTHERS — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and A.S. Bopanna,…

Cheque Dishonour

Security Cheque – Dishonour – A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance. ‘Security’ in its true sense is the state of being safe and the security given for a loan is something given as a pledge of payment. HELD the cheque which is issued as security would mature for presentation and the drawee of the cheque would be entitled to present the same. On such presentation, if the same is dishonoured, the consequences contemplated under Section 138 and the other provisions of N.I. Act would flow.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRIPATI SINGH (SINCE DECEASED) THROUGH HIS SON GAURAV SINGH — Appellant Vs. THE STATE OF JHARKHAND AND ANOTHER — Respondent ( Before : M.R.…

Cheque Dishonour

Dishonour of cheque – Quashing of complaint – Mere fact that a suit is pending before the High Court challenging the validity of the compromise deed would furnish no cogent basis to quash the proceedings under Section 138 – Once the ingredients of Section 138 of the NI Act are fulfilled, the statute clearly stipulates that “such person shall be deemed to have committed an offence” -Question as to whether the liability exists or not is clearly a matter of trial . serious error ofSingle Judge in allowing the petition under Section 482 to quash

Oct 11, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S GIMPEX PRIVATE LIMITED — Appellant Vs. MANOJ GOEL — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud, Vikram Nath and B.V. Nagarathna, JJ.…

Cheque Dishonour

(NI) – Section 138 – Dishonour of cheque – Appellants are the Directors of the Company and they are incharge – Indisputedly, on the presentation of the cheque of Rs.10,00,000/­ (Rupees Ten Lakhs only) dated 2nd June 2012, the cheque was dishonoured due to “funds insufficient” in the account and after making due compliance, complaint was filed and after recording the statement of the complainant, proceedings were initiated by the learned Magistrate and no error has been committed by the High Court in dismissing the petition filed under Section 482 CrPC under the impugned judgment.

Oct 10, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ASHUTOSH ASHOK PARASRAMPURIYA AND ANOTHER — Appellant Vs. M/S. GHARRKUL INDUSTRIES PRIVATE LIMITED AND OTHERS — Respondent ( Before : Ajay Rastogi and Abhay…

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