HC determined that the summoning order in a cheque dishonour ...

Legal Challenge to Cheque Dishonour Case Dismissed: Section 138 Order Quashed Due to Unaddressed Limitation Period Violation

April 22, 2025

Case Laws Indian Laws HC

HC determined that the summoning order in a cheque dishonour case under Section 138 of NI Act was unsustainable due to limitation period violation. Despite legal provisions allowing condonation of delay, the Metropolitan Magistrate failed to apply judicial mind to the delay or provide formal condonation. The Court set aside the summoning order, effectively halting proceedings, and provided an opportunity for the complainant to justify delay through appropriate legal mechanisms. The petition was partially allowed, with the impugned order being quashed and the matter potentially remanded for reconsideration of limitation issues.

View Source

← Previous Next →

HC determined that the summoning order in a cheque dishonour ...

Legal Challenge to Cheque Dishonour Case Dismissed: Section 138 Order Quashed Due to Unaddressed Limitation Period Violation

April 22, 2025

Case Laws Indian Laws HC

You may also like:

Dishonour of Cheque - discharge of legal liability or cheque issued towards the security - it was duly proved that the cheque was issued in discharge of the legal...

Dishonor of Cheque - validity of legal notice - the exact amount, which the appellant claimed for towards the dishonoured cheques was not mentioned in the legal notice,...

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 - legally enforceable debt or not - rebuttal of presumption - both the Trial Court and the Sessions Judge's Court without analyzing the evidence...

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

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...

Dishonor of Cheque - service of demand notice - Period of limitation - the petitioner relies on the dates of return memos, i.e., dates of return of cheques in question,...

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 - The accused account is at Vijaya Bank and the accused Bank has given endorsement of memo directly to the Manager of the complainant's Bank i.e.,...

Dishonor of cheque due to account freeze falls within the purview of Section 138 of the Negotiable Instruments Act. The test is whether the account had insufficient...

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...

Dishonor of Cheque - Bank has been made as party - Liability of bank in case of dishonor of cheque - The bank is only the custodian of the money of the customers and has...

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...

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...

Dishonor of cheque case - Issuance of summons - Cheque furnished as security covered u/s 138 of NI Act or not? - Scope and limited jurisdiction of High Court u/s 482...

Quick Updates: