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 January 2025 Year 2025 This

HC dismissed the application challenging cognizance for offences ...


Cheque dishonor case - Cognizance upheld for IPC 420, 467, 468, 471, 120B.

January 22, 2025

Case Laws     Indian Laws     HC

HC dismissed the application challenging cognizance for offences u/ss 420, 467, 468, 471 and 120-B of IPC in a cheque dishonor case. It held the presumption u/s 139 of Negotiable Instruments Act was rightly applied. Malafides of complainant are immaterial if allegations make out a cognizable offence. Mere delay in filing complaint cannot quash proceedings unless barred u/s 468 CrPC. The contentions regarding Section 139 NI Act, malafides, and delay were rejected.

View Source

 


 

You may also like:

  1. Grant of statutory bail - This petition is allowed to the extent that as regards the provisions of the HGST Act, 2017, the FIR is hereby quashed; but with it made...

  2. The HC rejected the bail applications of the accused involved in large-scale GST fraud, money laundering and corruption by registering fictitious firms using misused...

  3. Petitioner sought regular bail, contending false implication and non-impleadment of main accused. Petitioner underwent 11 months and 26 days of custody, with another...

  4. Conviction u/ss 420, 467, 468, 120B of the IPC and Section 5(2) and 5(1)(d) of the Prevention of Corruption Act, 1988. Petitioner worked as Appraiser in Customs office....

  5. The High Court rejected the application for grant of regular bail filed by the applicant accused of offences u/ss 420, 467, 468, 471, 120-B IPC and Sections 7 & 12 of...

  6. The High Court considered the applicability of the MPID Act to Co-operative Banks as "Financial Establishments" u/s 2(d) of the MPID Act in a case involving fraud in...

  7. Seeking grant of anticipatory bail - evasion of tax - illegal transportation - from the material collected by the prosecution , prima facie, it is not established that...

  8. Fraudulent income tax refunds - charge of conspiracy / connivance against the person claiming the refund and ITO - income tax officer, who is responsible for...

  9. This is a judgment by the High Court granting regular bail to the petitioner accused of offenses u/ss 420, 467, 468, 471 of the Indian Penal Code and Section 132(1)(b)...

  10. Scope of intermediary - delivery of laptop - Flipkart - The factum that the petitioner-Company is an intermediary providing merely access to Sellers/Buyers is not under...

  11. 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...

  12. The High Court considered a case involving dishonour of cheque and cheating allegations u/s 138 of N.I. Act and u/s 420 IPC. The court found that there was no evidence...

  13. Bail application dismissed in a case involving serious offences u/ss 420, 467, 471 of the Indian Penal Code and Section 45 of the Prevention of Money Laundering Act,...

  14. Inadvertent error by bank officials ignoring restraint orders led to FIR against bank officials for offences under IPC provisions. Continuation of criminal proceedings...

  15. Dishonor of Cheque - dishonor because of mismatch of the drawer’s signature - adding colour of criminality to an issue which involves partial non-performance of business...

 

Quick Updates:Latest Updates