Search Results for "Dishonoured cheques"

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Supreme Court

Supreme Court Upholds Bombay High Court's Interpretation of 'Drawer' Under NI Act. Clarifies that authorized signatories of a company are not liable to pay interim compensation under Section 143-A for dishonoured cheques

24 Jul 2024

The Supreme Court dismissed the appeals challenging the Bombay High Court's decisions dated 08.03.2023 and 29.03.2023. These decisions had set aside t...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Restoring Trial Court Orders on Complaint Maintainability and Deposition Authority. Complaint Filed Through Authorised Representative Under Section 138 of Negotiable Instruments Act, 1881 Held Maintainable as Power of Attorney Contained Specific Sub-delegation Clause and Holder Had Personal Knowledge of Transactions.

20 Feb 2023

The dispute arose from a complaint filed by M/s. Mita India Pvt. Ltd. (appellant company) against Mahendra Jain (respondent) under Section 138 read wi...

Supreme Court

Supreme Court Quashes Conviction Under Section 138 of Negotiable Instruments Act, 1881 and Sets Aside Civil Decrees Based on Promissory Notes Due to Misuse of Blank Cheques Issued as Security. The Court Held That the Presumption Under Section 139 Was Rebutted as the Cheques Were Issued for Chitfund Security and Presented After Account Closure, and the Lender's Financial Capacity Was Not Proven in Civil Suits.

18 Jan 2023

The Supreme Court of India, in a judgment delivered by Justice B.R. Gavai, disposed of criminal and civil appeals arising from a dispute involving dis...

Supreme Court

Supreme Court Allows Appeal Against Quashing of Criminal Proceedings Under Negotiable Instruments Act, 1881. High Court Erred in Adopting Hypertechnical Approach to Complaint Averments Under Section 141, as Specific Allegations of Partner's Involvement in Firm Affairs Disclosed Prima Facie Case for Trial.

16 Sep 2022

The appeal arose from a criminal complaint filed under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881 by the appellant, a d...

Supreme Court

Supreme Court Allows Appeal in Partnership Law Case on Maintainability of Suit by Unregistered Firm. The Court held that Section 69(2) of the Indian Partnership Act, 1932 does not bar a suit for declaration and injunction based on fraud and statutory rights, as it does not involve enforcement of contractual rights.

31 Jan 2022

The appeal arose from a suit filed by an unregistered partnership firm, Shiv Developers, seeking declaration and injunction to nullify a sale deed dat...

Supreme Court

Supreme Court Allows Appeal in Dishonour of Cheque Case, Reinstates Proceedings Quashed by High Court. Parallel Prosecutions Under Section 138 of the Negotiable Instruments Act, 1881 and Other Offences Are Permissible, and Settlement Agreement Does Not Extinguish Liability Unless Full Payment Is Made.

8 Oct 2021

The dispute arose from dishonoured cheques issued by Aanchal Cement Limited (ACL) to Gimpex Private Limited. Gimpex had paid customs duty and wharfage...

Supreme Court

Supreme Court Upholds Direction to Deposit 25% of Compensation Under Section 148 NI Act in Appeals Against Conviction for Cheque Dishonour. Amendment to Section 148 of the Negotiable Instruments Act, 1881 is procedural and applies to appeals pending after its enforcement, regardless of when the complaint was filed.

21 Aug 2019

The Supreme Court dismissed appeals by convicts under Section 138 of the Negotiable Instruments Act, 1881, challenging the direction to deposit 25% of...

Supreme Court

Supreme Court Allows Quashing of Complaint Against Director Who Resigned Before Cheque Issuance — Successive Section 482 Application Maintainable Under Changed Circumstances. Resignation prior to cheque issuance absolves director of liability under Section 138 NI Act, and Form 32 under Companies Act is valid proof of resignation.

30 Jul 2019

The appeal arose from a complaint filed under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881, against the appellant, who wa...

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