Tagged: Cheque

SUPREME COURT OF INDIA – WHETHER THE COURT HAS POWER TO CLOSE THE PROCEEDINGS OF A CHEQUE BOUNCE CASE WITHOUT THE CONSENT OF THE COMPLAINANT?

Date of Judgement: 05.10.2017: Yes the Court has the power to close the proceedings of a cheque bounce case without the consent of the Complainant. The question for consideration before the Supreme Court in M/s METERS AND INSTRUMENTS PRIVATE LIMITED & ANR. VERSUS KANCHAN MEHTA was that if the accused is willing to deposit the cheque amount can the proceedings...

DELHI HIGH COURT – IF THE SIGNATURES ON THE CHEQUES ARE ADMITTED BY THE ACCUSED THEN THE CONTENTIONS RAISED BY THE ACCUSED THAT THE AMOUNT AND NAME OF THE DRAWEE WERE NOT FILLED IN BY THE ACCUSED DOES NOT HAVE ANY FORCE IN THE EYES OF LAW

Delhi High Court Date of Judgement: 16.11.2016 If the signatures on the cheques are admitted by the accused, it matters little if the name of the payee, date and amount are filled up at a subsequent point in time and therefore the contention raised by the accused that the amount and name of the Drawee were not filled in by...

SUPREME COURT OF INDIA – WHETHER A POST-DATED CHEQUE GIVEN AS “SECURITY” AND MENTIONED IN THE LOAN AGREEMENT IS COVERED BY SECTION – 138 OF THE NEGOTIABLE INSTRUMENTS ACT, 1881 OR NOT?

Supreme Court of India Date of Judgement: 19.09.2016 Whether the dishonour of a post-dated cheque given for repayment of loan installment which is also described as “security” in the loan agreement is covered by Section 138 of the Negotiable Instruments Act, 1881 or not? The agreement recorded that post-dated cheques towards payment of installment of loan (principal and interest) were...