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SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compromise arrived at between parties - Complainant has entered into agreement with accused out of his own free will and without any coercion or undue pressure from accused - Complainant has no objection if conviction of accused is set aside - Conviction and sentence set aside...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 141 -- Dishonour of cheque - Offence by Company - Moratorium provisions contained in S.14 of Insolvency and Bankruptcy Code, 2016, would apply only to corporate debtor - Natural persons mentioned in S.141 of N.I. Act would continue to be statutorily liable under provisions of the Act. (P.Moharnraj V Shah Brothers followed)..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Loan transaction - Financial capacity of complainant - Complainant cannot be expected to initially lead evidence to show that he had financial capacity, unless a case is set up in reply notice by accused that complainant did not have financial capacity to give loan...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Financial capacity of complainant - Accused has the right to demonstrate that complainant did not have the capacity - Accused can do so by examining independent witnesses and producing documents or by pointing to the materials produced by complainant or by cross examination of witnesses..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Friendly loan - Accused has not set up any case that complainant did not have financial capacity to advance loan - There is even no reference in the reply notice as to loss of cheque book or signed cheque leaf as contended by accused - No complaint was given of loss of cheque book or signed cheque leaf..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager, who was authorised to institute complaint by Managing Director - Managing Director was delegated the power by Board of Directors, powers in general for management and operation of the company and Managing Director was also empowered to delegate..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Complaint by Company filed through General Manager who was authorised to institute complaint by Managing Director - Knowledge of transaction with General Manager - Transaction between parties based on an agreement and General Manager appended his signatures to such document as a witness on behalf..........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 142 -- Dishonour of cheque - Company - Complaint filed by Company through General Manager - Indication in the complaint and the sworn statement (either orally or by affidavit) to the effect that complainant (Company) is represented by an authorized person who has knowledge, would be sufficient...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Averment - Explicit averment cannot be put in a straitjacket but will have to be gathered from the circumstances and the manner in which it has been averred and conveyed, based on the facts of each case...........

SUPREME COURT OF INDIA

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 142, Criminal Procedure Code, 1973, Section 482 -- Dishonour of cheque - Complaint by Company - When issue of proper authorization to file complaint on behalf of company and having knowledge of the transaction between parties can only be an issue of trial, petition u/s 482 Cr.P.C to quash order taking cognizance cannot be..........

Showing : 71-80 of 791 Results