Dishonour of Cheque Judgments

25/11/2022

wwww.stpllawsoftware.in

03/10/2016

A New Site www.dishonourofchq.in Containing Digest and Judgments of Supreme Court & all High Courts of India is started. regarding Dishonour of Cheque from 1989 onwards. Currently this site is free but will require registration. All of you are requested to use this site.

STPL INDIA - INDIAN JUDGEMENTS

05/06/2013

Dishonour of cheque –Cheque can be presented many times during its validity period – But once notice under Section 138(b) issued then no further cause of action available - it is well settled that if dishonour of a cheque has once snowballed into a cause of action it is not permissible for a payee to create another cause of action with the same cheque. Click below to see the Full Text of Supreme Court Judgment
http://www.stpl-india.in/DC/2005_STPL(DC)_874_SC.pdf

03/06/2013

Dishonour of cheque - Offence by Company - Liability - Managing Director or Joint Managing Director - Managing Director or Joint Managing Director would be admittedly in charge of the company and responsible to the company for conduct of its business - When that is so, holders of such positions in a company become liable under Section 141 of the Act - By virtue of the office they hold as Managing Director or Joint Managing Director, these persons are in charge of and responsible for the conduct of business of the company - They get covered under Section 141 - Signatory of a cheque which is dishonoured , is clearly responsible for the incriminating act and will be covered under sub-section (2) of Section 141. Click below to see Full Text of Supreme Court Judgment
http://www.stpl-india.in/DC/2005_STPL(DC)_878_SC.pdf

16/05/2013

Trial of cheque dishonour pending for nearly a decade- Direction by Supreme Court that if the appellants file applications in terms of Section 205 of the Code for dispensing with their personal attendance, the trial court will do to take note of the same and dispense with the personal attendance by stipulating conditions in terms of Section 205(2) of the Code. It has to be borne in mind that while dealing with an application in terms of Section 205 of the Code, the court has to consider whether any useful purpose would be served by requiring the personal attendance of the accused or whether progress of the trial is likely to be hampered on account of his absence. We make it clear that if at any stage the trial court comes to the conclusion that the accused persons are trying to delay the completion of trial, it shall be free to refuse the prayer for dispensing with personal attendance. Click below to see Full Text of Supreme Court Judgment
http://www.stpl-india.in/DC/2005_STPL(DC)_887_SC.pdf