Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Indian Laws - Highlights / Catch Notes

Home Highlights May 2024 Year 2024 This

The Delhi High Court addressed the consolidation of multiple ...


Consolidation of offences in cheque dishonour cases u/s 138 NI Act in case of multiple cheques.

Case Laws     Indian Laws

May 29, 2024

The Delhi High Court addressed the consolidation of multiple offences in a complaint u/s 138 of the Negotiable Instruments Act, 1881. It interpreted Section 219 of the CrPC in light of a Supreme Court judgment recommending trials for similar offences within 12 months. The court clarified that sending a single notice of demand for multiple dishonored cheques doesn't affect the consolidation of offences. It emphasized the importance of cause of action in maintaining a complaint u/s 138 of the NI Act. The judgment affirmed that multiple cheques from the same transaction can be tried together u/s 220 of the CrPC. The appeal was dismissed.

View Source

 


 

You may also like:

  1. Dishonor of Cheque - funds insufficient - difference in drawer’s signature - Apex Court has held that, criminal prosecution against the accused in such cases should be...

  2. Dishonor of Cheque - For proving offence under Section 138 of NI Act, it has to be established that the cheque has been issued by the accused to discharge a legally...

  3. Dishonor of Cheque - Generally, in the criminal law, mens rea is an essential component of crime but dishonour of cheque is a criminal offence where there is no need to...

  4. Dishonor of cheque - mismatch of signatures or incomplete signatures - The Supreme Court in a case has came to the conclusion that criminal prosecution against the...

  5. Dishonor of cheque - presumption that cheque was issued in discharge of legal liability, burden on accused to prove contrary. Supreme Court observations: While deciding...

  6. Dishonor of Cheque - Insufficient Funds - case of appellant is that the alleged cheques were never issued by the petitioner for any legally enforcible debt - The offence...

  7. Dishonor of Cheque - Different cheques, may be issued for discharging the liability, arising out of one and same transaction, are separate entities and dishonour of each...

  8. Dishonour of 5 Cheque - admissibility of joint trial - The High Court held that, when all the cheques were issued by the husband and wife for the same cause of action...

  9. Dishonor of Cheque - In case part payment/s is made after the filing of the complaint, since the offence already stands completed in terms of Section 138(c) of the N.I....

  10. Dishonour of Cheque - Legally enforceable debt or not - The offence under Section-138 arises only when a cheque that represents a part or whole of the legally...

  11. Dishonour of Cheque - cheque issued as security - Since factum with regard to advancement of loan to the tune of Rs. 1.00 lac stands established on record and same was...

  12. Dishonor of Cheque - enforceable debt at the time of encashment - The first respondent has made part-payments after the debt was incurred and before the cheque was...

  13. Criminal complaint pertaining to offence punishable under Section 138 of the Negotiable Instruments Act, 1881 - Dishonour of cheque - if a cheque is dishonoured because...

  14. Dishonor of Cheque - insufficiency of funds - misuse of blank signed cheques by power agent - In the absence of the Principal appearing before this Court to substantiate...

  15. This case pertains to the dishonor of cheques and the challenge to cognizance and summoning orders. The key points are: The cheques were signed and issued by respondent...

 

Quick Updates:Latest Updates