Payment of interim compensation discretionary
Case BriefsSupreme Court

“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”

Cheque Dishonour
Case BriefsSupreme Court

The Supreme Court was called upon to decide whether the appellant Court was right in rejecting the application of the accused seeking opinion of the handwriting expert in Cheque Dishonour case.

presumption under section 139 of NI Act
Case BriefsHigh Courts

Kerala High Court stated that the petitioner failed to adduce any cogent evidence to prove that the cheque in question was not aimed at discharging any legally enforceable debt.