Dishonour of Cheque; Alok Rajgardia Vs. State of U.P. [Allahabad High Court, 01-12-2017]

Penal Code, 1860 – S. 420 – Negotiable Instruments Act, 1881 – Ss. 138 & 145 – Evidence on Affidavit – Summoning Order for an offence punishable under Section 420 IPC on the basis of affidavit evidence received by the Magistrate with the aid of Section 145 of the Negotiable Instruments Act […]

Dishonour of Cheque; N. Harihara Krishnan Vs. J. Thomas [Supreme Court of India, 30-08-2017]

Negotiable Instruments Act, 1881 – Ss. 138 & 142 – Cognizance of offences – Disclosure of the name of the person drawing the cheque is one of the factual allegations which a complaint is required to contain. Held:- The scheme of the prosecution in punishing under Section 138 of THE […]

Dishonour of Cheque; K.K. Joy Vs. KSIDC [Kerala High Court, 10-07-2017]

Negotiable Instruments Act, 1881 – Ss. 138 & 141 – Dishonour of cheque for insufficiency, etc., of funds in the account – Offences by Companies – Accused are directors of the company – Cheque dated 31.12.2014 – Accused had ceased to be the members of the board of directors of the company with effect […]

Imprisonment; K.C. Augustine Vs. P.N. Rajasekharan [Kerala High Court, 09-06-2017]

Negotiable Instruments Act, 1881 – S.138 – Indian Penal Code, 1860 – S. 65 – Criminal Procedure Code, 1973 – S. 30 – Sentence of Imprisonment in default of fine – the maximum default sentence that can be awarded in offences under Sec. 138 of the N.I. Act cannot exceed one […]

Dishonour of Cheque; P.C. Achankunju Vs. House of Tiles [Kerala High Court, 29-05-2017]

Negotiable Instruments Act, 1881 – Ss. 138 & 141 – Dishonour of Cheque – Offences by companies – Company officials concerned could be arrayed as accused in such a complaint only if such person was in charge of and responsible for the conduct of the business of the company at the time […]

Dishonour of Cheque; M. Usman Vs. M.P. Muhammed Ali [Kerala High Court, 19-01-2017]

Negotiable Instruments Act, 1881 – S.138 – Notice returned as “addressee left India” – When complainant has the knowledge that the addressee left the place in search of a job outside India and knowing this fact, he sent notice and it was returned as addressee left India, there is no proper service […]