Supreme Court of India Judgements

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Category: Cheque Dishonour

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

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

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.…

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