Supreme Court of India Judgements

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Category: Cheque Dishonour

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…

Cheque Dishonour

A. Negotiable Instruments Act, 1881 (NI) – Section 138 – Criminal Procedure Code, 1973 (CrPC) – Section 258 – Cheque Bouncing Cases – Power to Stop Proceedings – Section 258 of the Code is not applicable to complaints under Section 138 of the Act. B. Negotiable Instruments Act, 1881 (NI) – Section 138 – Dishonour of cheque – Expeditious Trial – Directions

Apr 17, 2021 sclaw

SUPREME COURT OF INDIA CONSTITUTION BENCH IN RE: EXPEDITIOUS TRIAL OF CASES UNDER SECTION 138 OF N.I. ACT 1881. ( Before : S.A. Bobde, CJI, Nageswara Rao, B.R. Gavai, A.S.…

Cheque Dishonour

(NI) – Ss 138, 139 – Dishonour of cheque – Presumption – It is well settled that the proceedings under Section 138 of the Act are quasi criminal in nature, and the principles which apply to acquittal in other criminal cases are not applicable in the cases instituted under the Act.HELD Section 139 of the Act, a presumption is raised that the holder of a cheque received the cheque for the discharge of debt

Mar 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SUMETI VIJ — Appellant Vs. M/S PARAMOUNT TECH FAB INDUSTRIES — Respondent ( Before : Indu Malhotra and Ajay Rastogi, JJ. ) Criminal Appeal…

Cheque Dishonour

Section 138 of the NI Act does not speak about the joint liability – Even in case of a joint liability, in case of individual persons, a person other than a person who has drawn the cheque on an account maintained by him, cannot be prosecuted for the offence under Section 138 of the NI Act. Two private individuals cannot be said to be “other association of individuals”

Mar 14, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ALKA KHANDU AVHAD — Appellant Vs. AMAR SYAMPRASAD MISHRA AND ANOTHER — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M. R. Shah,…

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