Digi - Legal Insights

Interim compensation-Petition against interim compensation dismissed where cheques not issued for discharge of legally enforceable debt or liability under Section 138 NI Act.

Order dismissing complaint for want of prosecution set aside as complainant had shown diligence and matter had recently been fixed for evidence.

Proceedings under Section 138 NI Act quashed as complaint lacked averments showing active involvement of non-executive director in conduct of companys affairs.

Dismissal of a complaint under Section 138 of the NI Act for default due to absence must follow due process; failure constitutes procedural lapse.

Concurrent findings by trial and appellate courts on cheque dishonor cannot be interfered with in revision unless jurisdictional errors are established.

Delay in dispatching a demand notice beyond 30 days renders a complaint under Section 138 of the Act untenable.

Leave to defend can be denied where no plausible or basic defence is raised against cheque claim.

General allegations of fraud or non receipt of notice do not constitute specific defence under Section 145(2) of NI Act.

Dishonour of cheque - Magistrate erred in procedure by allowing accused to lead evidence without written waiver under Section 315 CrPC and directing affidavit evidence under Section 145 NI Act - Orders closing evidence quashed - Case remanded.

Dishonour of cheque - Complaints dismissed for non-prosecution though summoned witness not bound over - Magistrate erred in placing burden on complainant - Dismissal quashed - Cases restored for fresh trial - Appeal allowed.

Dishonour of cheque - Sessions Court vested with revisional powers under Sections 397 and 399 CrPC; dismissal of revision on preliminary ground improper - Denial of cross-examination opportunity held unjust - Order quashed - Petition allowed.

Complaint maintainable where averments sufficiently show accused was in charge of and responsible for companys day-to-day affairs; vicarious liability under Section 141 NI Act attracted.

Accused acquitted by compounding offence where cheque amount with interest was repaid; Goa Money-Lenders Act defence not considered by High Court.

Failure to prove a legally enforceable debt results in acquittal under Section 138 of Negotiable Instruments Act.

Appeal Against Acquittal-Accuseds liability is established; judgment of acquittal reversed.

Notice sent beyond statutory period of 30 days invalidates complaint under Section 138 NI Act.

Dismissal of Complaint for Default - Dismissal of a complaint under Section 138 of the NI Act for default due to absence must follow due process; failure constitutes procedural lapse.

Cheque Dishonor and Revision Jurisdiction - Concurrent findings by trial and appellate courts on cheque dishonor cannot be interfered with in revision unless jurisdictional errors are established.

Dishonor of Cheque under Negotiable Instruments Act - Delay in dispatching a demand notice beyond 30 days renders a complaint under Section 138 of the Act untenable.

Legally enforceable debt is a matter of defence and cannot be decided at preliminary stage - Magistrate erred in treating Section 143A as mandatory - Matter remanded for reconsideration.