2022: The year of 1263 judgments; 3 CJIs; and important firsts| An all inclusive Supreme Court roundup
With 1263 judgments delivered; three Chief Justices of India taking turns to lead the judiciary; a number of judges retiring and a
Dishonour of Cheques
Dishonour of Cheques| Section 138 NI Act would not attract if cheque does not represent a legally enforceable debt at the time of encashment
Supreme Court: In the case where the Supreme Court was called upon to decide whether the offence under Section 138 of the
Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC
“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”
Whether concurrent prosecutions under S. 138, NI Act and S. 420, IPC, will amount to double jeopardy? J&K and Ladakh HC analyses
Jammu and Kashmir and Ladakh High Court: While deciding the instant petitions, the question that came up before that Court
Karnataka High Court| Magistrates to consider ‘conduct of Accused’ while deciding application for interim compensation in Cheque dishonour cases
Karnataka High Court: M. Nagarprasanna J. allowed a petition filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) seeking quashing of
Whether dishonour of cheques could have only given a cause of action to register an FIR for an offence under S. 420 IPC? MP HC answers
Madhya Pradesh High Court: Atul Sreedharan, J. allowed a petition which was filed for quashing of Crime which was registered for an
SCC Snippets| Dishonour of Cheque: Principles relating to presumption under Section 139 NI Act
The bench of Ashok Bhushan* and KM Joseph, JJ, in Basalingappa v. Mudibasappa (2019) 5 SCC 418, lucidly summarized the following principles relating to the
Explained| Section 138 NI Act: Is the ‘debt incurred after the drawing of the cheque but before its encashment’ excluded from ‘debt or any other liability’?
Supreme Court: Explaining the scope of the term ‘debt or any other liability’ under Section 138 of the NI Act, the bench
Section 138 of NI Act| No hard and fast rule that a cheque issued as security can never be presented by drawee: Supreme Court
“A cheque issued as security pursuant to a financial transaction cannot be considered as a worthless piece of paper under every circumstance.”
Explained| Sections 138 and 141 of NI Act: Vicarious liability of directors of a company for dishonour of cheques
Supreme Court: Explaining the law relating to vicarious liability of the Directors of a company under Sections 138 and 141 of the
Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court
The settlement agreement subsumes the original complaint.
Del HC adverts to scope of judicial review of an arbitral award; Wades through bunch of pleas including violation of Part 1, CPC and insurance against breakage during transit, etc.
Delhi High Court: V. Kameswar Rao, J., refused to interfere with the award passed by the Arbitrator and dismissed a petition filed under
Delhi Court | For application of S. 138 of NI Act, there should not be any uncertainty/ ambiguity in cheque as regards to amount written in words
Sucheta Sarkar, Editorial Assistant has put this story together
Notice issued to Centre, RBI and the likes over need for expeditious disposal of trials under Section 138 of Negotiable Instruments Act
Supreme Court: Taking suo motu cognizance of the issue relating to the expeditious trial of cases under Section 138 of Negotiable Instruments
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