DISHONOUR OF CHEQUES -22 VERY IMPORTANT CASE LAW

1. Dishonour of cheque  -  Source of income to advance loan - Non filing of Income Tax Return by itself does not mean that complainant had no source of income. (2019(2) Civil Court Cases 306 (M.P.)*
2. Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course - Basic ingredients of S.138 of the Act not satisfied - Accused discharged. (2019(2) Criminal Court Cases 522 (Delhi)*D
3. Dishonourof cheque  - Stop payment - In fact it amounts to the fact that amount of money for payment to drawee in relation to that cheque was not sufficient in bank. (2017(3) Criminal Court Cases 316 (All.)*D
4. Dishonour cheque -  Accused is entitled to lead evidence on affidavit. (2019(2) Criminal Court Cases 675 (Gujarat)*
5. Dishonour of cheque -  Complaint by unregistered partnership firm - Bar u/s 69(2) of Partnership Act is not applicable. (2017(4) Criminal Court Cases 409 (Delhi)*
6. 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) Apex Court Judgments 049 (S.C.)*
7. 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)*
8. Dishonour of cheque - Complaint filed based on second statutory notice - Not barred. (2019(1) Civil Court Cases 299 (S.C.)*
9. Dishonour of cheque - Compliant not filed by payee or holder in due course - Demand not made by payee or holder in due course -  Accused discharged. (2019(2) Civil Court Cases 378 (Delhi)*D
10. 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.)*
11. Dishonour of cheque - Compromise - Deposit of 10% cheque amount - It is for accused to deposit said amount. (2019(1) Civil Court Cases 395 (Rajasthan)*D
12. Dishonour of cheque - Condonation of delay - Plea that notice not sent in the envelope - Envelope not opened and produced in Court - Plea of not sending notice can be considered at the time of deciding delay condonation application - Order to open envelope calls for no interference. (2019(2) Criminal Court Cases 728 (Bombay)*
13. Dishonour of cheque - Delay - Despite repeated requests to postal department, no acknowledgement of notice was furnished - Second notice thus issued - Impugned order of quashing complaint  set aside - Complaint restored. (2019(2) Criminal Court Cases 851 (S.C.)*D
14. Dishnour of cheque - Delay in filing complaint - Complainant indicated adequate and sufficient reasons for not being able to institute complaint within stipulated period - Impugned order of quashing complaint  set aside. (2019(2) Apex Court Judgments 394 (S.C.)*D
15. Dishnour of cheque - Friendly loan - Date of advancement of loan and issuance of cheque not mentioned in complaint as well as affidavit of complainant - Neither any written agreement was executed between parties nor income tax return of complainant reflected as to advancement of loan - Complainant did not know accused personally - Accused rightly acquitted. (2019(1) Criminal Court Cases 676 (Delhi)*
16. 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.)*D
17. Dishnour of cheque - Issuance of signed blank cheque - Subsequent filling in of an unfilled signed cheque is not an alteration. (2019(1) Criminal Court Cases 587 (S.C.)*D
18. Dishnour of cheque - Managing Director or Joint Managing Director - In charge and responsible - Specific averment not required as they by virtue of their office are in charge and responsible for conduct of business of company. (2017(3) Criminal Court Cases 447 (Kerala)*D
19. Dishnour of cheque - Notice - Service of notice is presumed when notice is sent by registered post is returned with postal endorsement `refused' or `not available in the house'  or `house locked' or `shop closed' or `addressee not in station'. (2017(2) Criminal Court Cases 585 (S.C.)*
20. Dishonour of cheque - Notice signed by complainant but without signatures of issuing Advocate - Notice is valid. (2019(2) Civil Court Cases 721 (Tripura)*
21. 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)*D
22. 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)*