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HIMACHAL PRADESH HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147, Criminal Procedure Code, 1973, Section 320 -- Dishonour of cheque - Compromise - S.320 Cr.P.C would not come in the way in recording compromise or in compounding the offence punishable u/s 138 of N.I. Act, as provisions of S.147 of N.I Act though start with a non-obstante clause but have overriding effect on provision..........

BOMBAY HIGH COURT

Year of decision: 2022
Details

Civil Procedure Code, 1908, Section 107, Order 41, Rule 23, 27, 28 -- Remand of case - Court having allowed application U.O.41.R.27 CPC had two options contemplated U.O.41.R.28 CPC i.e either to record evidence itself or to direct Court from whose decree appeal had been preferred to record such evidence - However, despite allowing additional evidence U.O.41.R.27, appellate..........

MADRAS HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Execution and issuance of promissory notes not in dispute and signature found in promissory notes have been admitted, there is no need or necessity for plaintiff to give explanation for not obtaining thumb impression in suit promissory note...........

MADRAS HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 4, 118 -- Pronote - No mandatory provision under the Act that both signature and thumb impression has to be obtained for a pronote...........

MADRAS HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Presumption - When there is statutory presumption in favour of plaintiff, it has to be rebutted by proof and not by a bare explanation - Unless explanation is supported by proof, presumption created by provision cannot said to be rebutted...........

MADRAS HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 4, 118 -- Promissory note - Burden of proof - Once statutory presumption is raised, onus of proving absence of consideration is on the executant...........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 147 -- Dishonour of cheque - Compounding of offence - Conviction of accused had attained finality by virtue of order passed by Supreme Court much before filing of petition for compounding of offence - However, no application for compounding of offence was filed after compromise between parties - Since prayer for compounding of..........

ALLAHABAD HIGH COURT

Year of decision: 2022
Details

Indian Penal Code, 1860, Section 498A, 323 -- Offence u/ss 498-A, 323 IPC - Second marriage of complainant took place with accused - Complainant herself stated that she remained in her in-laws house only for one month and thereafter she came to her parents house - Complaint was filed on false and frivolous ground - Prosecution failed to prove its case beyond reasonable..........

KARNATAKA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Acquittal - Complainant claims that accused committed default in payment of loan - It was not the case of accused himself that loan was prematurely recalled or that was not due as on date of issuance of cheque or presentation of the cheque as the case was denial of availment of loan itself - However,..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2022
Details

Negotiable Instruments Act, 1881, Section 138, 139 -- Dishonour of cheque - Presumption - Accused denied issuance of cheque in question and denied receipt of any money from complainant and also denied any transaction with him - Presumption u/s 139 of the Act would not continue to exist against accused - Burden would shift upon complainant to establish that transaction in..........

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