Vicarious Liability under S. 138 Negotiable Instruments Act : Necessary Averments must be made in Complaint

by The Legal Blog | Apr 6, 2014 | Criminal Law, Legal Concepts, Negotiable Instruments Act

Justice C.K. PrasadSupreme Court of India The Hon’ble Supreme Court in A.K. Singhania Vs. Gujarat State Fertilizer Co. Ltd. & Anr. has reiterated that a complaint under S. 138 read with S. 141 of the Negotiable Instruments Act must necessarily contain...

Second / Successive Notice of Dishonour can also be basis of Prosecution under S. 138 Negotiable Instruments Act : Supreme Court Rules

by The Legal Blog | Oct 2, 2012 | Criminal Law, Legal Concepts, Negotiable Instruments Act

Justice TS ThakurSupreme Court of India The Supreme Court in MSR Leathers Vs. S. Palaniappan has held that prosecution based upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the requirements stipulated in...

Award of Compensation in Cheque Bounce Cases : The Law

by The Legal Blog | Oct 15, 2011 | Criminal Law, Legal Concepts, Negotiable Instruments Act

Justice R.V. Raveendran The Supreme Court in R. Vijayan v. Baby has examined the relevant provisions of the Criminal Procedure Code with regard to payment of compensation in cases relating to dishonour of cheques. The Court has also suggested a levy of a uniform fines...

Jurisdiction of Courts in Cheque Bouncing Matters : The Law

by The Legal Blog | Sep 23, 2011 | Criminal Law, Legal Concepts, Negotiable Instruments Act

Justice P. Nandrajog Delhi High Court The Delhi High Court in Shree Raj Travels & Tours Ltd.& Ors. v. Destination of the World (Subcontinent) Pvt. Ltd. had the occasion to review the law relating to jurisdiction of criminal courts vis a vis the commission of...

Statement of Accused u/s 313 Cr PC is Not ‘Evidence’ : Delhi High Court

by The Legal Blog | Jan 27, 2011 | Cheque Bounce Cases, Criminal Law, Negotiable Instruments Act

Justice S.N. Dhingra Justice S.N. Dhingra of the Delhi High Court has held in V.S. Yadav v. Reena that the statement of accused under Section 281 Cr. P.C. or under Section 313 Cr. P.C. is not the evidence of the accused and it cannot be read as part of evidence....

Exemption from Personal Appearance of Accused : The Law

by The Legal Blog | Jan 26, 2011 | Criminal Law, Legal Concepts, Negotiable Instruments Act

Justice D.K. Jain The Supreme Court, in a recent decision in TGN Kumar vs State Of Kerala & Ors., has examined the provisions of Section 205 of the Code of Criminal Procedure, relating to the dispensation of personal appearance of an accused before a Criminal...