Cheque dishonored due to delayed presentation beyond statutory ...

Delayed cheque presentation exceeding validity negates criminal liability.

Case Laws Indian Laws

October 30, 2024

Cheque dishonored due to delayed presentation beyond statutory validity period. Trial and appellate courts erred in not appreciating significance of 'outdated/stale' memo, which negates cause of action u/s 138 NI Act. Revisional court can only rectify jurisdictional errors or patent defects in law. Appeal allowed, judgments set aside, complaint dismissed as not maintainable, accused acquitted u/s 138 NI Act, fine/compensation refunded.

View Source

← Previous Next →

Cheque dishonored due to delayed presentation beyond statutory ...

Delayed cheque presentation exceeding validity negates criminal liability.

Case Laws Indian Laws

October 30, 2024

You may also like:

Dishonour of cheque - vicarious liability in criminal law - The SC interpreted Section 7 of the NI Act to identify the "drawer" as the individual issuing the cheque,...

Dishonour of Cheque - prosecution based upon second or successive dishonour of the cheque - there is nothing in the provisions of Section 138 of the Act that forbids the...

Dishonor of Cheque - liability of retired partner from the partnership firm - Retirement from the partnership firm subsequent to presentation of cheque will not...

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...

Dishonor of Cheque - the said bouncing of cheques on second presentation cannot be a ground for prosecution under Section 138 of the Negotiable Instruments Act, 1881 as...

Dishonor of Cheque - In this case, the cheques were postdated to 10.12.2017. They became payable only from the dates endorsed therein. Even though the dates of...

The High Court quashed the criminal proceedings u/s 138 of the Negotiable Instruments Act arising from a complaint case. The petitioners were accused of criminal...

Dishonor of Cheque - vicarious liability of Director - The petitioners admit that the cheque was drawn by them and handed over to the respondent-complainant. However,...

Dishonor of Cheque - Insufficient Funds - Since, the drawer of the cheque was the accused Company, solely on the ground that the respondent had signed the cheque, a...

Dishonor of Cheque - drawer of cheque - Vicarious liability - From the bare reading of Section 138 of the N.I. Act, it transpires that the liability of the drawer of the...

Dishonor of Cheque - insufficiency of funds - second and successive presentation of a cheque - The Court in the present case finds that OP No.1 did not send any...

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...

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

Interest u/s 234C - Date of presentation of cheque - Cheques issued have not been dishonored - nterest u/s 234C of the Act should be computed from the date of...

Dishonor of Cheque - insufficiency of funds - HC has quashed the entire criminal proceedings - the High Court has grossly erred in quashing the criminal proceedings by...

Quick Updates: