Dishonour of cheques - Latest case law

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Dishonour of cheque - Accused without himself entering into witness box, seeking sending of cheque to Handwriting expert - Application cannot be allowed. (2019(1) Civil Court Cases 141 (Bombay)

Dishonour of cheque - Cheque issued under and in pursuance of agreement to sell - Payment made in pursuance of such an agreement is a payment made in pursuance of a duly enforceable debt or liability for the purpose of S.138 of N.I. Act. (2019(2) Civil Court Cases 292 (S.C.)

Dishonour of cheque - Company - Director - Directions issued that in all cases where  accused is a 'Company', before issuing summons to the accused persons trial Court/Magistrate shall direct  complainant to produce a copy of Form No.32 and annual Return filed by the Company in order to determine the persons, who were Directors on the date of commission of the offence. (2019(2) Civil Court Cases 238 (P&H)

Dishonour of cheque - Complaint filed based on second statutory notice - Not barred. (2019(1) Civil Court Cases 299 (S.C.)

Dishonour of cheque - Compromise -  High Court after being satisfied that cheque amount with assessed cost and interest has been paid, can close proceedings even in absence of complainant. (2019(2) Civil Court Cases 200 (H.P.)

Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to deposit said amount. (2019(1) Civil Court Cases 395 (Rajasthan)

Dishonour of cheque - Condonation of delay - Plea of accused that envelope received did not contain notice and that he did not open the envelope and produced envelope in Court - Order to open envelope calls for no interference. (2019(2) Civil Court Cases 828 (Bombay)

Dishonour of cheque - Friendly loan of Rs.15 lakhs by Income Tax practitioner to his client - Blank signed cheque issued for its repayment -  Loan advanced not by cheque or demand draft or RTGS and without obtaining any writing to this effect - Such loan not shown in the income tax return of complainant - Held, (a) Fiduciary relationship between payee of cheque and its drawer would not disentitle  payee to the benefit of presumption u/s 139 of the Act, in the absence of evidence of exercise of undue influence or coercion which is not the case of accused in the instant case ; (b) it is immaterial that cheque may have been filled by any person other than the drawer, if the cheque is duly signed by the drawer; (c) Blank cheque leaf, voluntarily signed and handed over by accused, which is towards some payment, would attract presumption u/s 139 of the Act in the absence of any cogent evidence to show that cheque was not issued in discharge of a debt; (d)  Fact that loan is not advanced by a cheque or demand draft or a receipt not obtained, makes no difference - Fact that accused had given signed blank cheque to complainant shows that initially there was mutual trust and faith between them - High Court patently erred in holding that burden was on complainant to prove that he had advanced the loan and blank signed cheque was given to him in repayment of the same - Accused convicted. (2019(1) Civil Court Cases 580 (S.C.)

Dishonour of cheque - Issuance of signed blank cheque - Subsequent filling in of an unfilled signed cheque is not an alteration. (2019(1) Civil Court Cases 580 (S.C.)

Dishonour of cheque - It is not necessary that entire cheque has to be filled by accused to raise the presumption  - It is sufficient that cheque is signed by accused. (2019(1) Civil Court Cases 141 (Bombay)

Dishonour of cheque - Law as to : (a) Signature on cheque admitted - There is presumption that cheque was issued in discharge of debt or liability; (b) Presumption is rebuttable; (c) Financial capacity to advance loan - There was no satisfactory explanation to question put in cross examination as to financial capacity of complainant - It is a probable defence which shifts burden on complainant to prove his financial capacity and other facts; (d) Complainant failed to prove his financial capacity of lending money - Accused acquitted. (2019(2) Civil Court Cases 518 (S.C.)

Dishonour of cheque - Loan - Cheque issued towards remaining loan amount - Provision of S.138 of the Act is applicable even in a case where cheque is issued for discharge of liability or debt in whole or in part. (2019(2) Civil Court Cases 846 (P&H)

Dishonour of cheque - Notice signed by complainant but without signatures of issuing Advocate - Notice is valid. (2019(2) Civil Court Cases 721 (Tripura)

Dishonour of cheque - Offence by company - Complaint against Director of company without company arraigned as an accused is not maintainable - Company cannot be arraigned as an accused now when notice of demand is not issued to company - Complaint quashed. (2019(1) Civil Court Cases 809 (S.C.)

Dishonour of cheque - Offence cannot be allowed to be compounded without consent of complainant. (2019(2) Civil Court Cases 042 (P&H)

Dishonour of cheque - Voice sample - Recording of mobile phone very basis to succeed in the complaint - Application to take voice sample for analysis by CFSL allowed. (2019(2) Civil Court Cases 696 (P&H)

Dishonour of cheques - Three cases - Same parties - Clubbing of cases - S.219 Cr.P.C. applies only to warrant cases and not to summons cases where no charges are framed. (2019(1) Civil Court Cases 377 (Rajasthan)