HC allows criminal petition, acquitting accused of NI Act ...

Legal Victory: Procedural Flaws Nullify Negotiable Instruments Act Conviction, Accused Acquitted with Conditional Bond

May 15, 2025

Case Laws Indian Laws HC

HC allows criminal petition, acquitting accused of NI Act Section 138 offense. The court found procedural irregularities in prosecution, specifically noting the failure to implead the Society as a party, which prevented vicarious liability. Consequently, the lower court's judgment sentencing the accused to six months imprisonment and Rs. 1.50 lacs compensation was set aside. The accused was directed to furnish a personal bond of Rs. 25,000 with a surety, effective for six months, with provisions for potential Supreme Court appearances. Fine amount, if deposited, shall be refunded after statutory limitation period.

View Source

← Previous Next →

HC allows criminal petition, acquitting accused of NI Act ...

Legal Victory: Procedural Flaws Nullify Negotiable Instruments Act Conviction, Accused Acquitted with Conditional Bond

May 15, 2025

Case Laws Indian Laws HC

You may also like:

Liability of legal representative (LR) of deceased - validity of assessment order passed u/s 147 against only one LR - The High Court held that the impugned assessment...

Dishonour of Cheque - acquittal of the accused - rebuttal of the presumption - the Learned Trial Court, by considering the legal presumption available under Section 139...

Dishonour of Cheque - acquittal of accused - The trial court's failure to record the accused's statement under Section 342 of J&K Cr.P.C. did not render the trial...

Dishonor of Cheques - legally enforceable debt or not - Rebuttal of presumption - The cheques pertain to these 4 cases, have been issued by the accused only to discharge...

HC held that the respondent authority's issuance of a show cause notice (SCN) to a non-existent company post-amalgamation was procedurally flawed. Despite initial claims...

SC upheld the conviction of the accused-respondent for dishonoring a cheque under Section 138 of the Negotiable Instruments Act. The Court found substantial evidence...

Dishonour of Cheque - acquittal of accused - rebuttal of presumption - The High court found that the evidence presented by the complainant was sufficient to establish...

Presumption u/ss 118(a) and 139 of the Negotiable Instruments Act was not properly applied by the Trial Court. When presumption u/s 139 is raised, the onus shifts to the...

Dishonor of Cheque - acquittal of the accused - There is no finding recorded by the learned courts below regarding service of legal notice upon the petitioner, much less...

Seeking grant of Bail u/s 437 - tax evasion - The court examined the charges against the accused and found that they were detained for alleged offenses under the CGST...

Dishonor of cheque - acquittal of the accused - legally enforceable debt or not - It appears that the accused is attempting to divert the attention of this Court by...

This is a summary of a legal case related to the dishonor of a cheque. The court held that the accused failed to rebut the presumption of consideration for the cheque by...

The Delhi High Court considered a bail application in a money laundering case involving a predicate offence. The delay in trial was a key issue. The court emphasized...

ITAT determined that Section 249(4)(b) was inapplicable due to specific procedural circumstances. The tribunal found the statutory requirements for advance tax payment...

SC held that an accused under PMLA has critical documentary rights across different legal stages. At cognizance, the accused is entitled to copies of complaint documents...

Quick Updates: