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Supreme Court: Once payment made, no more criminal prosecution

November 26, 2013 By LegalSolutions.in Leave a Comment

Once the amount in a dishonoured cheque is paid with interest and compensation, the payee cannot insist on criminal prosecution of the directors of a firm who issued the cheque. The object of Section 138 of the Negotiable Instruments Act, which makes … [Continue reading]

Filed Under: India, Law, Precedents

Supreme Court: Fine can’t be more than twice the amount of Cheque Bounce

November 25, 2013 By LegalSolutions.in Leave a Comment

Hon'ble Supreme Court of India in the matter of Somnath Sarkar vs Utpal Basu Mallick & Anr. on 7 October, 2013 1. Leave granted. The Appellant before us makes what is essentially a mercy plea – to reduce the sum of Rs.80,000/- imposed on him … [Continue reading]

Filed Under: India, Law, Precedents

Supreme Court: Power of Attorney holder can also file cheque bounce cases, if holder has knowledge

September 25, 2013 By LegalSolutions.in Leave a Comment

The Supreme Court has held that a criminal complaint in a cheque bounce case can be filed and pursued by a person who holds a power of attorney (PoA) on behalf of the complainant. A three-judge bench headed by Chief Justice P Sathasivam gave the … [Continue reading]

Filed Under: India, Law, News, Precedents

Supreme Court: Court can hear cheque bounce case at place of receipt of a cheque

August 25, 2013 By LegalSolutions.in Leave a Comment

Hon'ble Supreme Court of India in the matter of Nishant Aggarwal vs Kailash Kumar Sharma on 1 July, 2013 1) Leave granted. 2) The question which has to be decided in this appeal is whether the Court, where a cheque is deposited for collection, … [Continue reading]

Filed Under: India, Law, Precedents

SC: Prosecution on a successive default in payment of the cheque amount is permissible

August 21, 2013 By LegalSolutions.in Leave a Comment

In the matter of M S R Leathers v. S Palaniappan and another [(SC) 110 CLA 370 2012], question arose was: “ Whether payee or holder of cheque can initiate proceeding of prosecution under section 138 of Negotiable Instrument Act, 1881 for the … [Continue reading]

Filed Under: India, Law, Precedents

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