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Indian Laws - High Court - Case Laws
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- 2022 (1) TMI 859 - DELHI HIGH COURT
Dishonor of Cheque - seeking relief in the nature of Public Interest Litigation - personal or vested interest or not - HELD THAT:- It is evident that this is not a Public Interest Litigation but is a private and publicity interest litigation. It has been held by the Supreme Court in several judgments that while seeking relief in the nature of Public Interest Litigation, the Petitioner should have no personal or vested interest and should not be guided by any self-gain. In the garb of so-called Public Interest Litigation, the Petitioner is seeking to in effect challenge the order passed by Learned MM with regard to execution of bailable warrants, in a matter relating to Section 138 of Negotiable Instruments Act, 1881. The vested interest of the Petitioner is, therefore, writ large and the petition deserves to be dismissed on this short ground. Petition dismissed.
- 2022 (1) TMI 858 - MADRAS HIGH COURT
Dishonor of Cheque - insufficiency of funds - misuse of blank signed cheques by power agent - HELD THAT:- It is the uncontroverted case of the petitioner that her financial affairs were looked after by her husband and that she was not aware of all the transactions and the issuance of cheques and that even her income tax returns were filed by her husband. In this backdrop, a perusal of the complaint reveals that the alleged amount of ₹ 17,00,000/-, which is alleged to have been borrowed by the petitioner from her husband's brother, no details as to the manner in which the amount has been paid to the petitioner has been averred. Though it is the averment in the complaint that a sum of ₹ 14,00,000/- was borrowed by the petitioner through banking channels, however, no material whatsoever finds place in the complaint to substan....... + More
- 2022 (1) TMI 805 - DELHI HIGH COURT
Prayer for a decree of declaration for declaring his correct date of birth in service record - mandatory injunction against the defendants and their officers, employees, successors, and representatives, etc., to rectify and correct date of birth in the service record - decree of damages against defendants by directing the appellant / defendant No.1 to pay ₹ 3 Lacs as compensation on account of mental agony and harassment caused to him due to gross negligence and casual approach - whether the Trial Court is justified in decreeing the suit filed by the respondent No.1 / plaintiff granting relief in his favour by declaring his date of birth as October 02, 1962? HELD THAT:- The stand of the appellant / defendant No.1 is that the date of birth can be altered within five years of appointment but the said rule does not contemplate, if, an ....... + More
- 2022 (1) TMI 804 - KERALA HIGH COURT
Dishonor of Cheque - funds insufficient - legally enforceable debt or not - rebuttable presumption or not - Section 139 of the Negotiable Instruments Act - HELD THAT:- It is a well settled position of law that, once the execution of the cheque is admitted, there is presumption under Section 139 of the Negotiable Instruments Act as to the existence of legally enforceable debt. However, the said presumption is a rebuttable presumption and if the accused is able to show from the evidence that the amount mentioned in the cheque does not reflect the actual amount legally due to the complainant, the said presumption shall stand rebutted. In such event, the burden to establish the existence of a legally enforceable debt shall stand shifted to the complainant. In this case, by virtue of the difference in the amount presumably due to the addition ....... + More
- 2022 (1) TMI 803 - MADRAS HIGH COURT
Dishonor of Cheque - suit barred by time limitation or not - suit promissory note Ex.A1 is materially altered or not - failure to to disprove the signature in the Ex.A1 or not? - Section 67 of the Indian Evidence Act - respondent/plaintiff has proved the fact of execution of promissory note Ex.A1 and the payment of consideration to the appellant or not? - existence of suspicious circumstances - HELD THAT:- It is trite law that if a suit has been filed on the basis of a Negotiable Instrument, it is for the plaintiff to prove the execution. Afterwards, under Section 118 of the Negotiable Instruments Act, the burden has been shifted on the shoulder of the defendant, to prove that the said instrument is not supported with consideration. Here it is a case, when at the time the plaintiff was examined as P.W.1, in her evidence, she has narrated ....... + More
- 2022 (1) TMI 802 - DELHI HIGH COURT
Seeking grant of regular bail - smuggling - Pseudo-Ephedrine - Cocaine - whether rigors U/s 37 of the NDPS Act applies to the case of the petitioner or not? - Section 14 of Foreigner Act and 471 of IPC - HELD THAT:- The present petitioner is facing prosecution for charges U/s 9A and 25 A of the NDPS Act and hence obviously his case would not be covered U/s 37 of the NDPS Act. Moreover, as far as Section 9A which deals with controlled substance is concerned, there is no categorization of small quantity or commercial quantity. Therefore, concept of commercial quantity is applicable only to narcotic drugs and psychotropic substances and not to controlled substance. Section 9A of the NDPS Act deals with the power to control and regulate controlled substance. "Controlled substance" means any substance which the Central Government may....... + More
- 2022 (1) TMI 801 - MADRAS HIGH COURT
Dishonor of Cheque - CIRP under process - moratorium in effect - applicability of moratorium provisions on natural persons mentioned in Section 141 continuing to be statutorily liable under Chapter XVII of the Negotiable Instrument Act - HELD THAT:- It is not in dispute that the cheques issued to the complainant's Company were dishonored with an endorsement "Payment Stopped by the Drawers". In that regard, the 1st petitioner Company had issued a letter to the respondent through their counsel stating about the initiation of insolvency process by National Company Law Tribunal (NCLT) against the 1st petitioner Company and due to which, the 2nd accused/2nd petitioner was unable to honor the post dated cheques issued in favour of the respondent Company. Inspite of the communication of the 1st petitioner Company regarding the inso....... + More
- 2022 (1) TMI 800 - GUJARAT HIGH COURT
Dishonor of Cheque - insufficiency of funds - legally enforcement debt or not - Hire Purchase Agreement - petitioner alleges that respondent no.2 very conveniently did not produce copy of the Hire Purchase Agreement in the criminal complaint before the Judicial Magistrate - HELD THAT:- In the instant case, prior to the filing of the criminal complaint before the concerned Judicial Magistrate, the financial institution, Shriram Transport Finance Company Ltd., had admittedly got repossession of the vehicle, therefore, the agreement entered into between the parties would get determined ipso facto by such repossession - the remedy available to the owner would be in accordance to the terms and conditions decided. Thus, the Court thereby laid down that once financial institution/owner exercised option of seizure of the vehicle, the postdated Ch....... + More
- 2022 (1) TMI 755 - BOMBAY HIGH COURT
Validity of Arbitral Award - dishonor of cheque - legally enforceable debt or not - claimant having exercised the option under section 60 of the Indian Contract Act by adjusting the payment of ₹ 50 lakhs towards four earlier invoices, three invoices fully adjusted and one invoice partly adjusted - claimant not having made the claim in respect of those three fully paid invoices is estopped from raising the plea that the cheque of ₹ 50 lakhs issued by the respondent towards part payment having been dishonored - acknowledgment of liability in respect of all the outstanding invoices on the date of commencement of the arbitral proceedings or not. HELD THAT:- A perusal of the statement of claim indicates that the only averment regarding period of limitation is found in paragraph 26 of the statement of claim alleging that the cause o....... + More
- 2022 (1) TMI 754 - GUJARAT HIGH COURT
Dishonor of Cheque - Suspension of order passed by the lower court - right ot appeal - insufficient funds - Section 148 of the N.I. Act, having retrospective effect or not - HELD THAT:- It is true that the right to appeal is an absolute right. However, in a case where a judgment and order of conviction and sentence is passed, the Court may order release of the accused on bail having regard to the nature of offence as also to other relevant factors, including its effect on society. In the present case, the cheques in question were issued in November - December 2013 and there is no quarrel on the issue that the amounts involved are the legal dues payable by the applicant-accused to the respondent-complainant. While allowing the application (Exhibit-5) filed under Section 389 of Cr.P.C., the Sessions Court has directed the applicant-appellan....... + More
- 2022 (1) TMI 753 - PUNJAB AND HARYANA HIGH COURT
Dishonor of Cheque - insufficient funds - Compounding of offences - seeking preponing the date of hearing of main case from 10.01.2022 to today itself - HELD THAT:- It is apparent that both the contesting parties are ad idem that the compromise has been duly effected between the parties without any pressure, threat or undue influence and the terms of the said compromise have been duly complied with. The compromise would go a long way in maintaining peace and harmony between the parties and thus, a prayer has been made before this Court for compounding the offence in terms of Section 147 of the Negotiable Instruments Act, 1881 read with Section 320 (6) Cr.P.C. Since the offence relating to dishonour of cheque has a compensatory profile and is required to have precedence over punitive mechanism, therefore, the present revision petition dese....... + More
- 2022 (1) TMI 752 - GUJARAT HIGH COURT
Dishonor of Cheque - initiation of proceedings under Section 138 of the N.I. Act against petitioner, without joining the Partnership Firm - whether partnership firm has to be made a party to the proceedings, in view the provisions of Section 141 of the Act? - HELD THAT:- Undisputed facts are that the cheques were issued by the partnership firm, the present petitioner is the signatory to the cheque as an authorized partner and the transaction of purchase of land was for the firm. Section 141 of the N.I. Act provides for the constructive liability on the person responsible for the conduct of the business of the company or partnership firm. Section 141 describes about the offences by the Company. The explanation to Section 141 giving the meaning to ‘Company’ means any body corporate and includes a firm or other association of ind....... + More
- 2022 (1) TMI 708 - GUJARAT HIGH COURT
Dishonor of Cheque - dispute is settled between the parties and the complainant has no objection if the complaint is set aside - HELD THAT:- Having gone through the material placed on record, it has emerged that the applicant has been convicted by the concerned Criminal Court for the offence punishable under Section 138 of the N.I. Act. However, now, the parties have amicably settled the dispute and, therefore, the complainant has filed an affidavit stating that if the order of conviction passed against the applicant is quashed and set aside, he has no objection. When the parties have settled the dispute amicably, compounding of the offence is required to be permitted - reliance can be placed in the case of DAMODAR S. PRABHU VERSUS SAYED BABALAL H. [2010 (5) TMI 380 - SUPREME COURT]. Respondent No.2 filed a complaint under Section 138 of ....... + More
- 2022 (1) TMI 707 - TRIPURA HIGH COURT
Dishonor of Cheque - insufficiency of funds - discharge of legally enforceable debt or not - rebuttal of statutory presumption - HELD THAT:- Presumptions are rules of evidence and do not conflict with the presumption of innocence, because by the latter all that is meant is that the prosecution is obliged to prove the case against the accused beyond reasonable doubt. The obligation on the prosecution may be discharged with the help of presumptions of law or fact unless the accused adduces evidence showing the reasonable probability of the non-existence of the presumed fact. During cross-examination, it is noticed by this court that the complainant did not make any attempt to deny about the said factual aspects, as surfaced from the chief-examination of DW-2. During cross-examination, it has further come to light that the said amount of ....... + More
- 2022 (1) TMI 706 - KERALA HIGH COURT
Dishonor of Cheque - It is the case of the petitioner that even though in Annexure- A4 order the petitioner was directed to remit the amount of fine in the trial court, the amount paid directly to the complainant who is the 2 nd respondent herein - HELD THAT:- Admittedly, there is substantial compliance of the direction issued by this Court in Annexure-A4 order in as much as the total amount of fine was directed to be paid as compensation to the complainant and in fact the complainant has received the amount also. An affidavit endorsing the said fact was also placed before this Court by the 2 nd respondent. The court is directed below to make necessary entry in the fine register recording the factum of settlement between the parties, as if fine is realised and paid to the complainant - petition disposed off. Application disposed off.
- 2022 (1) TMI 662 - KARNATAKA HIGH COURT
Dishonor of Cheque - insufficient funds - rebuttal of presumption - legally enforceable debt or liability or not - complainant has failed to establish the transaction and outstanding and inspite of the same, both the courts have not appreciated the said material on record - exercise of revisional jurisdiction - HELD THAT:- The petitioner cannot find fault with the continuation of the transactions of the accused even for the month of September-2008 also. It is also important to note that the ledger extract is also marked as Ex. P.8 and counsel referring this Ex. P.8 certified copy which is produced before him also submits that even subsequent to the issuance of cheque also transactions have taken place in the month of August and September-2008 and hence, it is clear that Ex. P.7 corroborates that the transactions were continued till Septem....... + More
- 2022 (1) TMI 612 - MADRAS HIGH COURT
Dishonor of Cheque - existence of legally enforceable debt or not - service of statutory legal notice - allegation is that the impugned cheque was stolen by the respondent when he was working as Supervisor under the petitioner - HELD THAT:- Admittedly, no action has been taken by the petitioner on the allegation that the respondent had stolen any of his cheques. Such an action has not been taken even after the filing of his complaint. Though it is correct that the rebuttal proof can be through preponderance of probability, the probability cannot be presumed from mere suggestion put by the accused during his cross examination, PW1. Even if the accused does not subject himself for examination, the improbabilities can also be explored from the evidence and materials of the complainant. The simple contention of the complainant is that he had ....... + More
- 2022 (1) TMI 611 - UTTARAKHAND HIGH COURT
Dishonor of Cheque - insufficiency of funds - legally enforceable debt or not - acquittal of the accused - sufficiency of service of notice or not - rebuttal of presumption u/s 139 of NI Act - HELD THAT:- In the instant case, the postal receipt has been filed by the appellant and information received under the Right to Information Act, 2005 has also been filed by the appellant relating to postal receipts, by which the Postal Department had informed that the item had been delivered on the respondent. In his affidavit given in the examination-in-chief, the appellant has deposed about these facts. It categorically establishes that, in fact, service had been sufficient on the respondent. There is no doubt about it. While referring to the complaint and the statement of the appellant, learned counsel for the respondent submits that nowhere, the....... + More
- 2022 (1) TMI 557 - HIMACHAL HIGH COURT
Dishonor of Cheque - discharge of legal enforcement debt or not - rebuttal of presumption - section 138 of NI Act - HELD THAT:- This Court sees no reason to interfere with the well reasoned judgments passed by the courts below, which otherwise appear to be based upon the correct appreciation of evidence and as such, same need to be upheld. Moreover, this Court has a very limited jurisdiction under Section 397 of the Cr.PC, to re-appreciate the evidence, especially, in view of the concurrent findings of fact and law recorded by the courts below. In the present case, this Court is unable to find any error of law as well as fact, if any, committed by the courts below while passing impugned judgments, and as such, there is no occasion, whatsoever, to exercise the revisional power - Having scanned entire evidence available on record, this cour....... + More
- 2022 (1) TMI 556 - HIMACHAL HIGH COURT
Dishonor of Cheque - discharge of lawful liability - rebuttal of presumption - Section 138 of NI Act - HELD THAT:- This Court sees no reason to interfere with the well reasoned judgments passed by the courts below, which otherwise appear to be based upon the correct appreciation of evidence and as such, same need to be upheld. Moreover, this Court has a very limited jurisdiction under Section 397 of the Cr.PC, to re-appreciate the evidence, especially, in view of the concurrent findings of fact and law recorded by the courts below. Since after having carefully examined the evidence in the present case, this Court is unable to find any error of law as well as fact, if any, committed by the courts below while passing impugned judgments, and as such, there is no occasion, whatsoever, to exercise the revisional power. This Court finds no ille....... + More
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