Category: Cheque Dishonour

Negotiable Instruments Act, Section 138–Dishonour of the cheque–Sentence–Appellant facing criminal prosecution for the last 7 years–Appellant a petty businessman–He paid the hefty amount of compensation as a penalty for dishonour of the cheque issued by him.–No material placed on the record to indicate that the appellant had earlier committed any such or similar offence–Substantive sentence of imprisonment, set aside–Sentence of  fine of Rs.1,000/- maintained and imposition of compensation in the sum of Rs.35,000/- also maintained.  

2010(1) LAW HERALD (SC) 188 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Tarun Chatterjee The Hon’ble Mr. Justice Surinder Singh Nijjar Criminal Appeal No. 2337 Of…

Negotiable Instruments Act, 1881 – Section 138 – Dishonour of cheque – Complaint – Locus standi of complainant – A person can maintain a complaint provided he is either a “payee” or “holder in due course” of cheque – Appellant/complainant could not produce any document to show that he was proprietor of firm – Appellant did not make any attempt to adduce additional evidence at appellate stage also – Mere statement in affidavit in this regard, is not sufficient to meet requirement of law – Appellant failed to produce any documentary evidence to connect himself with the firm

(2011) 74 ACC 573 : (2011) ACD 458 : (2011) 104 AIC 202 : (2011) 2 AICLR 348 : (2011) AIR(SCW) 1773 : (2011) 3 AIRBomR 126 : (2011) 2…

CHEQUE DISHONOUR — PERSONAL APPEARANCE OF ACCUSED “………..issue of hardship caused in personal attendance by an accused particularly where accused is located far away from the jurisdiction of the Court where the complaint is filed. HELD that even in absence of accused, evidence can be recorded in presence of counsel under Section 273 Cr.P.C. and Section 317 Cr.P.C. permitted trial to be held in absence of accused. Section 205 Cr.P.C. specifically enabled the Magistrate to dispense with the personal appearance. Having regard to the nature of offence under Section 138, this Court held that the Magistrates ought to consider exercise of the jurisdiction under Section 205 Cr.P.C. to relieve accused of the hardship without prejudice to the prosecution proceedings. “

    CHEQUE DISHONOUR — PERSONAL APPEARANCE OF ACCUSED    “………..issue of hardship caused in personal attendance by an accused particularly where accused is located far away from the jurisdiction of…

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