Whether debt was barred by limitation or not in cheque bounce cases, is a question of evidence: SC
“The question of debt barred by limitation is to be decided on basis of evidence as, limitation is a mixed question of law and fact”.
cheque bounce
Husband cannot be summoned in cheque bounce case for cheque issued by wife as sole proprietor of a firm: Allahabad High Court
Allahabad High Court said that in the eye of law, wife and husband have separate entity. The present case is not a case that the wife, sole proprietor of the Firm had provided the cheque signed by or on behalf of the applicant
Cheque issued as a security and not in discharge of legally recoverable debt; Is the contention sufficient to quash proceedings under N.I. Act at pre-trial stage? SC examines
“The quashing proceedings must not become an expedition into the merits of factual dispute, so as to conclusively vindicate either the complainant or the defence.”
When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC
Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible
Appellate Courts where appeals are pending against judgments in complaint under S. 138 NI Act to make an effort to settle dispute through mediation: Bom HC issues Practice Directions
In compliance with the Supreme Court’s decision dated 16-4-2021, passed in (2021) 10 SCC 598 “In Re: Expeditious Trial of Cases under
Dishonour of Cheque occurring when parties entered in an illegal and void agreement: Can Court still take cognizance in S. 138 NI Act complaint? Dwarka Court decides
Dwarka Court, New Delhi: Shipra Dhankar, MM (NI Act) on noting that the dishonour of cheque occurred in consequence of an illegal
Court holds accused guilty under S. 138 NI Act where he failed to rebut statutory presumption even when complainant didn’t produce documentary evidence to prove debt
XVIII Addl. Chief Metropolitan Magistrate, Bengaluru City: Manjunatha, XVII Addl. C.M.M., found the accused guilty for the offence under Section 138 of
J&K and Ladakh HC | Dishonour of cheque; HC advices Criminal Courts to impose fine equivalent to amount of cheque plus at least 6% interest per annum
Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the sentence of fine under Section 138 of N.I.Act must
Define categories under Section 138 NI Act where proceedings can be conducted ‘online’; SC tells HCs
Supreme Court: In the case where the question as to how proceedings for an offence under Section 138 of the Negotiable Instruments
Only drawee bank to be considered in cheque bounce offences
Bombay High Court: Dismissing a plea in a cheque bounce case, a bench comprising of S.B. Shukre, J held that only drawee