1- High Court : By simply blaming the advocate, a complainant cannot claim restoration of dismissed complaint (26 December 2019)
High Court of Delhi has refused to restore a complaint of cheque bounce when it found that complainant was only blaming the counsel. Case is titled as M/S BLS INFRASTRUCTURE LIMITED vs M/S RAJWANT SINGH & ORS. decided on 07.11.2019. Read more… https://www.latestlaws.com/latest-news/restoration-of-complaint/
2- High Court : If accused does not deny in the reply notice, delivery of cheque may be presumed (26 December 2019).
High Court of Kerala stated "It is trite law that drawing or execution of a cheque becomes complete only by delivery. Unless there is delivery of cheque, no liability could be fastened on the drawer. Read more… https://www.latestlaws.com/latest-news/non-denial-in-reply-notice/
3-High Court : Unless there is delivery of cheque, no liability could be fastened on the drawer (25 December 2019)
High Court dismissed the appeal filed by the complainant and accepted the acquittal order passed by the trial court. Read more..
https://www.latestlaws.com/latest-news/delivery-of-cheque/
4- High Court : Amendment in Jurisdiction provision is a valid legislation (25 December 2019)
There is no infirmity in the amendment. Even otherwise, the Parliament is competent to bring out the amendment under the Negotiable Instruments Act. The said amendment cannot be said to be ultra vires in view of the provisions of the Act or Part III of the Constitution of India. The amendment cannot also be called to be manifestly arbitrary in the absence of any materials on record stated the Madras High Court. Read more… https://www.latestlaws.com/latest-news/amendment-in-jurisdiction-provision-is-a-valid-legislation
5- High Court : Society will not be criminally liable if it only facilitated the transaction for the benefit of members, High Court quashed the case(24 November 2019)
High Court of Madras stated that the society played a role only to facilitate its members in getting their houses constructed and the society had no liability as per Section 138 NI Act on the date of signing of the MOU. Read more… https://www.latestlaws.com/latest-news/society-will-not-be-criminally-liable/
6-High Court : No upper limit for interim compensation during the appeal (14 November 2019).
The High Court rejected the challenge made by a person accused of cheque bounce whereby he wanted a relief in respect of direction for interim compensation. Read more… https://www.latestlaws.com/latest-news/no-upper-limit-for-interim-compensation-during-the-appeal/
7- High Court : Court cannot restore a complaint dismissed in default (14 November 2019)
Tripura High Court held that Trial Court does not have any power to restore a complaint. Read more...https://www.latestlaws.com/latest-news/court-cannot-restore-a-complaint-dismissed-in-default/
8- High Court allowed the appeal in open court but before signing the judgment changed its view and heard the matter afresh(26 October 2019)
Bombay High Court found itself in a very peculiar condition when another judgment of Supreme Court came to its notice and therefore, it changed the view pronounced in open court and given the party to argue the matter afresh. Read more. .https://www.latestlaws.com/latest-news/order-in-open-court/
9- HC:To do or not to do: Discharge in cheque bounce case under Negotiable Instruments Act (26 October 2019)
Delhi High Court has appointed amicus for deciding the controversy as to whether the Trial Court can discharge an accused in summons case line cheque bounce under Negotiable Instruments Act. Read more… https://www.latestlaws.com/latest-news/discharge-in-cheque-bounce-case/
10- High Court: Endorsements reading as the 'house is locked' or 'not available in the house' or 'shop is closed' or 'addressee not in station' also give rise to the presumption of service of demand notice (22 October 2019).
The High Court held that presumption of service arises not only by positive refusal but also by passive refusal of the demand notice sent by post. Read more.. .https://www.latestlaws.com/latest-news/legal-demand-notice/
11- High Court: Claim of accused that he has a good case on the merits is no ground to deny interim compensation (20 October 2019).
Punjab and Haryana High Court has declined to set aside the order passed by the trial court whereby interim compensation was granted, though the accused was taking a ground of good defence. Read more...https://www.latestlaws.com/latest-news/interim-compensation/
12- High Court : Speedy justice is one of the fundamental rights of a person guaranteed under the Constitution of India: Trial Court has to dispose of the case within 6 months (19 October 2019)
Uttarakhand High Court has observed that speedy justice is one of the fundamental rights of a person guaranteed under the Constitution of India. Read more….
https://www.latestlaws.com/latest-news/trial-court-has-to-dispose-the-case-within-6-months/
13- Bombay High Court: Non production of original demand notice became fatal (19 October 2019)
Bombay High Court refused to interfere in the acquittal of a person accused of cheque bounce when it found that the complainant did not produce the original demand notice and acknowledgment card. Read more…https://www.latestlaws.com/latest-news/non-production-of-original-demand-notice-became-fatal/
14-Supreme Court : Complainant is not required to lead evidence to prove the liability once he proves that the cheque was issued by the accused(18 October2019)
Supreme Court has convicted a person in cheque bounce case when it found that he had failed to rebut the presumption available in law regarding liability. Read more…https://www.latestlaws.com/latest-news/presumptions-in-cheque-bounce/
15- Delhi High Court : Can the defence of non-CTS cheque be sustained?: High Court to examine the issue (15 October 2019)
Delhi High Court has allowed a complainant to file appeal against acquittal of a person accused of cheque bounce case where the defence was that the said cheques were Non-CTS cheques and were not in circulation. Read more...https://www.latestlaws.com/latest-news/cheque-bounce-case-on-non-cts/
16- District Court :Accused cannot be discharged at the stage of Section 251 or 258 CrPC(16 October 2019)
A district Court in Delhi has held that accused cannot be discharged in a summons case at the stage of Section 251 or 258 CrPC and therefore, it dismissed the revision petition. Read more…https://www.latestlaws.com/latest-news/discharge-of-accused/
17- High Court to examine the issue: Can the defence of non-CTS cheque be sustained? (15 October 2019)
Delhi High Court has allowed a complainant to file appeal against acquittal of a person accused of cheque bounce case where the defence was that the said cheques were Non-CTS cheques and were not in circulation. Read more…https://www.latestlaws.com/latest-news/cheque-bounce-case-on-non-cts/
18- Delhi High Court : No case made out if cheque amount is more than the liability(15 October 2019)
Delhi High Court has refused to grant leave to appeal in a cheque bounce case where the accused was acquitted since the cheque amount was more than the liability. Read more…https://www.latestlaws.com/latest-news/cheque-amount-is-more-than-the-liability/
19- Madras High Court : Accused has not given any satisfactory explanation as to how the cheque executed and signed by him came into the hands of the complainant: High Court has reversed the acquittal and convicted the accused(14 October 2019)
Madras High Court has reversed the acquittal and convicted a person accused of cheque bounce when it found that accused has not even given any satisfactory explanation as to how, the cheque executed and signed by him, came into the hands of the complainant. Read more…https://www.latestlaws.com/latest-news/how-cheque-came-into-the-hands-of-complainant/
20- Madras High Court : Revision not maintainable against dismissal of the application for handwriting expert opinion(12 October 2019)
Madras High Court has held that criminal revision is not maintainable as against the order passed by the Court below under Section 45 of the Evidence Act for handwriting expert opinion. Read more…https://www.latestlaws.com/latest-news/revision-not-maintainable/
21- Delhi High Court : Case should not be dismissed on the ground that fact of personal knowledge of attorney is not mentioned in the complaint(10 October 2019)
Delhi High Court has refused to quash a cheque bounce case where factum of personal knowledge was not mentioned in the complaint and accused wanted dismissal of case on that ground. Read more…https://www.latestlaws.com/latest-news/personal-knowledge-of-attorney/
22- Kerala High Court : Woman tried to escape a cheque bounce case by blaming that her husband forged her signature on the cheque: She failed(13 October 2019)
Kerala High Court has set aside an acquittal in a cheque bounce case where wife was claiming that her husband had forged her signature on the cheque, and it directed the trial court to make fresh consideration. Read more...https://www.latestlaws.com/latest-news/wife-blames-husband-for-forging-the-cheque/
23- Delhi High Court allows the Cross examination though matter was at final arguments stage(11 October 2019)
Delhi High Court has allowed the accused in a cheque bounce case to cross examine the complainant even though the matter was at the stage of final arguments. Read more..https://www.latestlaws.com/latest-news/cross-examination-allowed-at-final-arguments/
24- Madhya Pradesh High Court : For fault of counsel in not depositing the process fee, complainant should not suffer the dismissal of his case(09 October 2019)
Madhya Pradesh High Court has restored a cheque bounce case which was dismissed by the trial court for failure in depositing the process fee. Read more…https://www.latestlaws.com/latest-news/fault-of-counsel-in-depositing-the-process-fee/
25- Supreme Court : Documentary proof is required for showing the liability if cheque is claimed to have been received as consideration for sale-purchase of property(08 October 2019)
Supreme Court has observed that in the absence of any document/proof for sale-purchase of property, the claim that cheque was given towards consideration for the purchase of a property cannot be accepted.Read more…https://www.latestlaws.com/latest-news/documentary-proof-is-required-for-showing-the-liability/
26- Supreme Court has considered old age to award lenient punishment (07 October 2019)
Supreme Court has let an accused only with imposition of fine when it found that he is of old age and case was also old. Read more…https://www.latestlaws.com/latest-news/supreme-court-has-considered-old-age-to-award-lenient-punishment/
27-Punjab & Haryana High Court : Allowed the accused to examine himself in defence (03 October 2019)
Punjab & Haryana High Court has observed that accused should be granted a fair opportunity to defend himself and once he has taken a proactive step to rebut the liability, he should be allowed to bring the facts on record. Read more… https://www.latestlaws.com/latest-news/high-court-allowed-the-accused-to-examine-himself-in-defence/
28-Madras High Court : Case cannot be lodged on the basis of stale cheque(01 October 2019)
Madras High Court has quashed a cheque bounce case when it found that the cheque was presented to the bank after its validity period. Read more..https://www.latestlaws.com/latest-news/case-cannot-be-lodged-on-the-basis-of-stale-cheque/
29- Karnataka High Court : Legal demand notice to company is not required if it is issued to Managing Director(30 September 2019)
Karnataka High Court has held that if the legal demand notice was issued to the managing director then knowledge of company about the demand can be assumed and cheque bounce case can be maintained. Read more..https://www.latestlaws.com/latest-news/legal-demand-notice-to-company/
30-Allahabad High Court : Magistrate passed order on printed proforma, High Court quashed the order of summoning(28 September 2019)
Allahabad High Court has quashed the summoning order in a cheque bounce case when it found that the order was passed on a printed proforma, however, it directed the trial court to pass the order afresh. Read more..https://www.latestlaws.com/latest-news/the-magistrate-passed-order-not-printed-proforma/
31-Madras High Court : Form 32 being a document of sterling nature can be relied upon for quashing the case (29 September 2019)
Madras High Court has observed that Form 32 is sterling in nature and therefore that can be relied upon by the court at the time of dealing with quash petition. Read more..https://www.latestlaws.com/latest-news/a-form-32-being-a-document-of-sterling-nature-can-be-relied-upon-for-quashing-the-case/
32-Supreme Court : Accused has to explain as to how his cheque entered into the hands of the complainant(25 September 2019)
Supreme Court has observed that it is for the accused to explain as to how his cheque entered into the hands of the complainant. Read more…https://www.latestlaws.com/latest-news/accused-has-to-explain-as-to-how-his-cheque-entered-into-the-hands-of-the-complainant/
33-Supreme Court : Appeal by Legal Heirs of a convict is permissible in law(24 September 2019)
Supreme Court has held that Legal Heirs of a deceased accused have a right to challenge the conviction of their predecessor only for the purpose that he was not guilty of any offence. Read more..https://www.latestlaws.com/latest-news/appeal-by-legal-heirs-of-a-convict-is-permissible-in-law/
34-Calcutta High Court : Part payment made by an accused can be taken into consideration at the time of imposing a sentence but same cannot wash away the offence(22 September 2019)
Calcutta High Court has held that part payment may be taken into consideration at that time of imposing a sentence, if any. Read more…https://www.latestlaws.com/latest-news/cheque-bounce-case-and-part-payment/
35-Kerala High Court : Merely because defence witnesses support the case of the accused, they cannot be held to be untruthful: High Court acquits the accused (20 September 2019)
Kerala High Court has observed that defence witnesses are entitled to equal treatment with those of the prosecution and that merely because defence witnesses support the case of the accused, they cannot be held to be untruthful. Read more…https://www.latestlaws.com/latest-news/merely-because-defence-witnesses-support-the-case-of-the-accused-they-cannot-be-held-to-be-untruthful/
36-Supreme Court : Even if one legal demand notice is issued for several cheques, separate cases may be filed (17 September 2019)
Supreme Court has rejected the challenge of accused who wanted one trial on the premise that only one legal demand notice was issued for four cheques and so separate trial could not have been conducted. Read more…https://www.latestlaws.com/latest-news/one-demand-notice-for-several-cheques/
37-Supreme Court : There is no provision for consolidation of several cases (17 September 2019)
Supreme Court recently while dealing with a situation of several cases of cheque bounce between same parties has observed that there is no provision of consolidation of cases in the Code of Criminal Procedure. Read more…https://www.latestlaws.com/latest-news/there-is-no-provision-for-consolidation-of-several-cases/
38-Delhi High Court : Complaint case is maintainable even if the cheque is not endorsed in favour of the bank(16 September 2019)
Delhi High Court has held that bank has locus standi to bring a case of an offence under Section 138 NI Act even in respect of cheque issued in other's name but to discharge the liability of overdraft.. Read more….
39-Supreme Court : Handing over of the cheque by way of security per se will not extricate the accused from the discharge of liability arising from such cheque(15 September 2019)
Supreme Court has set aside quashing order in respect of cheque bouncing case and observed that handing over of the cheques by way of security per se would not extricate the accused from the discharge of liability arising from such cheques. Read more…https://www.latestlaws.com/latest-news/security-cheque-also-creates-an-offence/
40-Punjab & Haryana High Court : Even if complainant fills date in cheque, accused cannot get the case quashed (13 September 2019)
Punjab and Haryana High Court has recently declined to give any relief to a person accused of cheque bounce case and has observed that filling date in the cheque does not amount to a material alteration. Read more...https://www.latestlaws.com/latest-news/complainant-fills-date-in-cheque-but-accused-cannot-get-the-case-quashed/
41- High Court: It is unimaginable that an employee would advance loan of a huge amount of Rs.39.00 lacs to his master (09 September 2019)
Madhya Pradesh High Court has observed that it is unimaginable that an employee would advance a huge amount of Rs.39.00 lacs to his master and that too without executing any document of loan agreement. Read more…https://www.latestlaws.com/latest-news/unimaginable-that-an-employee-would-advance-a-huge-amount-of-rs-39-00-lacs-to-his-master/
42-High Court : Complainant cannot file revision petition against acquittal of accused(09 September 2019)
Madhya Pradesh High Court has opined that a revision petition filed by a complainant against acquittal of accused in a cheque bounce case is not maintainable. Read more….https://www.latestlaws.com/latest-news/complainant-cannot-file-revision-petition-against-acquittal-of-accused/
43-Supreme Court: 138NI Act Proceedings Cannot Be Quashed On The Ground That Notice Not Served Within Statutory Period(05 September 2019)
Recently, in the case of Kishore Sharma vs. Sachin Dubey, the Supreme Court held that the proceedings under Section 138 of the Negotiable Instruments Act (NI Act) cannot be quashed on the ground that the demand notice not duly served within the statutory period. Read more…https://www.latestlaws.com/latest-news/sc-138ni-act-cannot-quashed-notice-not-served-in-statutary-period/
44-Bombay High Court : Direction for interim compensation in appeal is not a condition precedent for suspending the sentence(03 September 2019)
Bombay High Court has observed that the provision ex facie does not make it imperative that such direction to deposit 20% amount to be made a condition precedent for suspending the sentence. Read more…https://www.latestlaws.com/latest-news/condition-precedent-for-suspending-the-sentence/
45-Madras High Court : The presumption of innocence is a human right, acquittal of accused should not be easily disturbed(29 August 2019)
Madras High Court has held that the presumption of innocence is a human right and in this case, when two Courts have acquitted the accused, the said presumption should not be easily dislodged and re-trial cannot be ordered. Read more…https://www.latestlaws.com/latest-news/the-presumption-of-innocence-is-a-human-right/
46-Madras High Court : Since cheque was for high value, High Court condoned the delay in filing the complaint case(02nd September 2019)
Madras High Court has condoned the delay regarding limitation in filing of a criminal case primarily on the ground that value of cheque involved was very high. Read more…https://www.latestlaws.com/latest-news/high-court-condoned-the-delay/
47-Bombay High Court: Complainant cannot file an appeal against acquittal before Sessions Court (27 August 2019)
Bombay High Court has held that a complainant in a cheque bounce case cannot avail the benefit of proviso to Section-372 CrPC and he has to file appeal against acquittal before the High Court. Read more…https://www.latestlaws.com/latest-news/appeal-against-acquittal-in-ni-act-cases/
48-Bombay High Court : Belated attempt of accused to lead defence evidence should not be countenanced (04 September 2019)
Bombay High Court has declined to grant any relief to accused of a cheque bounce case who wanted to lead evidence at the stage of culmination of proceedings. Read more…https://www.latestlaws.com/latest-news/belated-attempt-of-accused-to-lead-defence-evidence/
49-District Court: Defence of accused is not material at the time of granting interim compensation to complainant(01 September 2019)
A district Court in Delhi has recently held that defence of the accused is not material at the time of passing order u/s 143A of NI Act for interim compensation to the complainant. Read more...https://www.latestlaws.com/latest-news/defence-and-interim-compensation/
50-SC not amused as Convict offers to Pay up after 15 Years of Litigation, sent to Jail(16 August 2019)
He was sentenced to undergo rigorous imprisonment for two years apart from payment of a fine of rupees 5000 by the Trial Court. His subsequent appeals were also dismissed in supreme court. Read more….https://www.latestlaws.com/latest-news/cheque-bounce-case-sc-reject-offer-to-pay-up-after-15-years-of-litigation-convict-sent-to-jail/
51-Supreme Court: No Court shall impose Cost on Parties if they settle at early stages of Trial(14 August 2019)
If a case of settlement is arrived at between the parties at the initial stage of the trial then no fine shall be imposed on the parties in terms of apex court decision in Damodar S. Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663, 2010 Latest Case Law 332 SC. Read more...https://www.latestlaws.com/latest-news/cheque-bounce-cases-court-shall-not-impose-cost/
52-Supreme Court : Accused offered to pay cheque amount after 15 years and prayed for exemption from surrender, SC declined the request (13 August 2019)
Supreme Court has rejected a request of an accused in a cheque bounce case for his exemption from surrendering though he offered the payment of cheque amount. Read more…https://www.latestlaws.com/latest-news/exemption-from-surrender-in-cheque-bounce-case/
53-Section 138 NI Act: Builder to face 6 month Jail term with Rs 9 Lakh as Fine(12 August 2019)
A court of additional sessions judge in Delhi has dismissed two appeals filed by a builder against his conviction whereby he was awarded 6-month jail term in cheque bounce cases along with a fine of Rs 9 lakh in each case. Read more…https://www.latestlaws.com/latest-news/section-138-ni-act-builder-to-face-6-month-jail-term-with-rs-9-lakh-as-fine/
54-Supreme Court : Court can waive costs on compounding in deserving cases(12 August 2019)
Supreme Court has refused to impose costs on compounding where the accused was acquitted by the trial court but convicted by the high court and compounding arrived in appeal in the Supreme Court. Read more...https://www.latestlaws.com/latest-news/cost-on-compounding/
55-Supreme Court : Supreme Court suspended the sentence even without issuing notice to the complainant(07 August 2019)
Supreme Court has taken into consideration the period undergone and suspended the sentence of one woman convicted of cheque bounce case. Read more… https://www.latestlaws.com/latest-news/suspension-of-sentence-in-section-138/
56-Section 138 NI Act: If Company is represented by accused director, charge need not be explained separately to the company(05 August 2019)
Madhya Pradesh High Court set aside the order of Appellate Court of denovo trial of a case. Read more…https://www.latestlaws.com/latest-news/no-separate-charge-to-company/
57-Supreme Court: Complainant cannot claim interim compensation in old cases(31 July 2019)
Supreme Court has cleared all the doubts on the issue of interim compensation to be paid by the accused persons in cheque bounce cases and held that amended provision has no retrospective effect. Read more...https://www.latestlaws.com/latest-news/interim-compensation-has-no-retrospective-effect/
58-Supreme Court : Company can be added under Section 319 CrPC if it was earlier not made an accused (31 July 2019)
Supreme Court has upheld an order of the Delhi High Court whereby addition of company as accused in a cheque bounce case was accepted through Section 319 CrPC. read more…https://www.latestlaws.com/latest-news/subsequent-addition-of-company-as-accused/
59-High Court : For loan of small amount complainant is not required to explain the source of income (23 July 2019)
The Chhattisgarh High Court has observed that since the loan amount was within the capacity of the complainant who was getting regular salary, judgments on source of income would not apply. Read more…https://www.latestlaws.com/latest-news/source-of-income/
60-High Court : Complainant need not seek leave to appeal and can directly file an appeal against the acquittal of accused (17 July 2019)
Madhya Pradesh High Court has held that there is no requirement for taking leave to file an appeal against acquittal in a cheque bounce case. Read more…https://www.latestlaws.com/latest-news/section-138-ni-act-no-leave-required-for-appeal-against-acquittal/
61- High Court : Belated attempt of the accused to invoke revisional jurisdiction cannot be countenanced (15 July2019)
Bombay High Court has refused to entertain a petition of accused in a cheque bounce case whereby he challenged an order declining to condone the delay in filing revision against the summoning order. Read more…https://www.latestlaws.com/latest-news/section-138-ni-act-belated-attempt-of-the-accused-to-invoke-revisional-jurisdiction-cannot-be-countenanced/
62-High Court : This goes to complainants as one more High Court holds that interim compensation can be awarded even in pending cases (17 July2019)
Madras High Court has held that complainant is entitled to claim interim compensation even in pending cases as newly introduced section 143A has retrospective effect. Read more…https://www.latestlaws.com/latest-news/section-143a-even-in-pending-cases/
63-High Court: It is open for the holder of cheque to fill up blanks and specify the amount therein (24 July 2019)
Bombay High Court has observed that it is open to a person to sign and deliver a blank or incomplete cheque and is equally open for the holder to fill up blanks and specify the amount therein. Read more…https://www.latestlaws.com/latest-news/blank-cheque/
64-High Court : Accused cannot seek dropping of proceedings(27 July 2019)
Calcutta High Court has upheld an order of Magistrate whereby he had rejected an application of accused asking for dropping of the proceedings in a cheque bounce case. Read more… https://www.latestlaws.com/latest-news/dropping-of-proceeding-in-cheque/
65-Supreme Court : Demand Notice sent to director is sufficient notice to company (31st July 2019)
Supreme Court has upheld an order of the Delhi High Court wherein it was observed that demand notice issued to director is sufficient notice to the company. Read more…https://www.latestlaws.com/latest-news/notice-to-director-is-notice-to-company/
66 -High Court : Case not maintainable if account is blocked (01 August 2019)
High Court of Punjab & Haryana has held that if a bank account has been blocked, it cannot be treated as being maintained by the account holder and therefore, no liability can be attached to the drawer of cheque of that bank account. Read more…https://www.latestlaws.com/latest-news/blocked-account-in-cheque-bounce-cases/
67-High Court : If accused has repaid the loan, he should have taken steps to get back the security cheque(15 July 2019)
Madras High Court has doubted the claim of accused in a cheque bounce case that he had repaid the loan amount, the reason being that the accused had not taken any step to get his cheque back from the complainant even after so called repayment. Read more..https://www.latestlaws.com/latest-news/section-138-ni-act-if-accused-has-repaid-the-loan-he-should-have-taken-steps-to-get-back-the-security-cheque/
68-High Court : Cheque bounce case of complainant and cheque forgery case of accused should be tried together(13 July 2019)
Madras High Court has directed the trial court to try together the case for cheque bounce filed by the complainant and the case for forgery of cheques to be filed by the accused. Read more…https://www.latestlaws.com/latest-news/section-138-ni-act-cheque-bounce-case-of-complainant-and-cheque-forgery-case-of-accused-should-be-tried-together/
69-High Court : No liability if amount is filled in different ink(11 July 2019)
Madras High Court has held that if amount is filled in different ink, no liability can be assumed as the same would indicate a material alteration rendering the negotiable instruments void. Read more...https://www.latestlaws.com/latest-news/negotiable-instruments-act-no-liability-if-amount-is-filled-in-different-ink/
70- High Court : Defence cannot be struck off due to non payment of interim compensation(11 July 2019)
Gujarat High Court has observed that prima facie the provision does not authorize a court to strike off the defence of an accused if he fails to pay the interim compensation under Section-143A of NI Act. Read more.. https://www.latestlaws.com/latest-news/section-143a-ni-act-and-defence-of-accused/
71- High Court : Complainant cannot be charged with abetment if drawer of cheque commits suicide(27 July 2019)
Madhya Pradesh High Court has quashed the FIR for abetment of suicide where the prime allegation was that the accused wanted to extort money in the garb of interest on loan and had filed cheque bounce case against the deceased. Read more…https://www.latestlaws.com/latest-news/section-138-ni-act-complainant-cannot-be-charged-with-abetment-if-drawer-of-cheque-commits-suicide/
72-Supreme Court : Interim compensation during appeal can be given in the cases already pending at the time of amendment(29 May 2019)
Supreme Court has held that the amendment introduced in the NI Act for providing interim compensation during the appeal is applicable even to the cases already pending at the time of amendment. Read more….https://www.latestlaws.com/latest-news/section-148-ni-act-interim-compensation-during-appeal/
73- Supreme Court : Legal heir of payee of cheque can file a complaint of cheque bounce(14 May 2019)
An heir of the deceased holder in due course of the cheque can bring an action on the basis of the cheque to recover the amount due thereon to the deceased holder by reason of the fact that he succeeds to the estate of the deceased holder by inheritance. Read more… https://www.latestlaws.com/latest-news/section-138-ni-act-legal-heir-of-payee-of-cheque-can-file-complaint/
74- High Court : If demand notice is sent at wrong address, complaint cannot be maintained(03 July 2019)
Delhi High Court has held that if the notice is incorrectly addressed no legal presumption can arise. Read more..https://www.latestlaws.com/latest-news/cheque-bounce-and-demand-notice-at-wrong-address/
75-High Court : Postal report showing addressee does not reside on the given address cannot be treated as service of demand notice(26 June 2019)
Madhya Pradesh High Court has held that if demand notice sent by registered post is returned with a clear note that the addressee does not reside on the given address, it cannot be treated as 'served'. Read more….https://www.latestlaws.com/latest-news/section-138-ni-act-postal-report-showing-addressee-does-not-reside-on-the-given-address-cannot-be-treated-as-service-of-demand-notice/
76-High Court : Refusal to accept legal demand notice is not a valid service(23 May 2019)
Himachal Pradesh High Court has acquitted a person accused of cheque bounce on the premise that refusal to accept notice is not service of notice. Read more…https://www.latestlaws.com/latest-news/section-138-ni-act-refusal-to-accept-legal-demand-notice-is-not-a-valid-service/
77-Supreme Court : No separate application for condonation of delay: Apex Court accepted condonation of delay in filing of case where reasons were mentioned in complaint itself (14 May 2019)
Supreme Court has allowed a complaint for cheque bounce to continue where the case was filed beyond limitation period but sufficient reasons for delay were indicated in the complaint itself. Read more… https://www.latestlaws.com/latest-news/section-138-ni-act-no-separate-application-for-condonation-of-delay/
78-High Court: To avoid a cheque bounce case a lady alleged rape against the complainant (16 April 2019)
Delhi High Court has found a case of rape a counter blast to the cheque bounce case and finding it unreliable, it accepted the discharge of accused from the rape case. Read more.. .https://www.latestlaws.com/latest-news/to-avoid-a-cheque-bounce-case-a-lady-alleged-rape-against-the-complainant-high-court-did-not-agree/
79-High Court : No interim compensation in cases already pending on the date of amendment (12 April 2019)
Pujnab & Haryana High Court has held that interim compensation for cheque bounce cases cannot be granted by trial courts in cases which were already pending on the date of enforcement of Section-143-A NI Act. Read more.. https://www.latestlaws.com/latest-news/cheque-bounce-no-interim-compensation-in-pending-cases/
80-Supreme Court : Defense of Blank signed cheque cannot help the accused(15 April 2019)
Supreme Court has held that even a blank signed cheques given for payment will attract the presumption of liability and that filling of cheque by other person is immaterial. Read more… https://www.latestlaws.com/latest-news/defense-of-blank-signed-cheque-cannot-help-the-accuse/
81-Supreme Court : Onus on Accused' to prove the cheque issued was not in discharge of a debt or liability; Section 138 &139 of NI Act. (08 February 2019)
The Bench of Justices R. Banumathi and Indira Banerjee, holds that the onus to rebut the presumption under Section 139 of the Negotiable Instruments Act that the cheque has been issued in discharge of a debt or liability is on the accused and the fact that the cheque might be post dated does not absolve the drawer of a cheque of the penal consequences of Section 138 of the Act. Read more… https://www.latestlaws.com/latest-news/sc-onus-on-accused-to-prove-the-cheque-issued-was-not-in-discharge-of-a-debt-or-liability-section-138-139-of-ni-act-read-judgment/
82- Apex Court: Cheque Bounce' Complaint based on 2nd Notice after Re-Presentation of Cheque is Maintainable (17 January 2019)
The Apex Court has held that a 'Cheque Bounce' complaint filed based on the 2nd statutory notice issued after re-presentation of cheques, is maintainable. Read more… https://www.latestlaws.com/latest-news/sc-cheque-bounce-complaint-based-on-2nd-notice-after-re-presentation-of-cheque-is-maintainable-read-judgment/
The judgments have been compiled by Saloni Saini, 4th year student of University School of Law and Legal Studies, GGSIPU. She is currently interning with LatestLaws.com.
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