HC upheld the conviction under Section 138 of Negotiable ...

Legal Challenge Resolved: Cheque Bounce Case Sees Fine Upheld but Imprisonment Waived Under Section 138 NI Act

April 9, 2025

Case Laws Indian Laws HC

HC upheld the conviction under Section 138 of Negotiable Instruments Act for cheque dishonour. The court modified the sentence, eliminating imprisonment while maintaining the fine of Rs. 30,00,000. The decision was based on the petitioner's admission in a compromise deed, established presumptions under Sections 118 and 139 of the NI Act, and the petitioner's initial denial of settlement after benefiting from complaint withdrawal. The court determined that interests of justice were served by imposing a monetary penalty without imprisonment, considering the case's specific mitigating circumstances and the petitioner's conduct.

View Source

← Previous Next →

HC upheld the conviction under Section 138 of Negotiable ...

Legal Challenge Resolved: Cheque Bounce Case Sees Fine Upheld but Imprisonment Waived Under Section 138 NI Act

April 9, 2025

Case Laws Indian Laws HC

You may also like:

Dishonour of Cheque - Quantum of sentence / Fine - The sentence is optional, either it may be imprisonment for two years or fine which may be twice amount of the cheque...

Dishonour of Cheque - punishment - The trial Court has sentenced the accused to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/- - Section 138...

Dishonor of Cheque - a person, who has been held guilty u/s 138 of the Act of 1881 can be punished with imprisonment for a term which may extend up to two years, or with...

This is a summary of a legal case related to the dishonor of a cheque. The court held that the accused failed to rebut the presumption of consideration for the cheque by...

The High Court addressed the challenge to the acquittal of the accused u/s 255(1) of Cr. P. C. for dishonoring a cheque due to insufficient funds. It clarified that 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...

Dishonour of Cheque - liability created in favour of the Complainant by the Accused or not - MoU between the manufacturer and the retailer - The retailer issued multiple...

Dishonor of Cheque - dues was against the company but the cheque was issued by the petitioner from his personal account - Legally enforceable debt or not, in personal...

Dishonour of Cheque - legal heir of deceased - substitution of the opposite party (deceased complainant) - It is the case of the petitioner that the opposite party is...

Dishonour of Cheque - validity of notice issued - as in the notice which was issued after the bouncing of the cheque, there was no demand of the amount of the bounced...

Compounding of offence under Section 266G of the Companies Act, 1956 - on facts, the nature of offence which the company has charged does not invite with imprisonment or...

In a case involving dishonor of a cheque, the prosecution successfully discharged its burden u/s 138 of the Negotiable Instruments Act. The sole respondent admitted to...

Dishonour of Cheque - quantum of fine - the courts can impose double the cheque amount as fine or lesser sum, by adding interest thereof, or to compensate the...

Dishonor of Cheque - Vicarious liability of Director - The primary liability in a cheque bounce case where cheque has been issued on behalf of the company is upon the...

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...

Quick Updates: