Legal Reference Library

Arising out of SLP (Crl.) No. 6134-6135 of 2005] WITH CRIMINAL APPEAL NO. 951 OF 2006 [Arising out of SLP (Crl.) No. 6252 of 2005] S.B. SINHA, J : Sabitha Ramamurthy & Anr vs R.B.S. Channabasavaradhya on 13 September, 2006 Section 138 of the Negotiable Instruments Act provides that where a cheque drawn by a person is returned by the bank unpaid on the grounds specified therein, the person who had drawn the said cheque shall be deemed to have committed an offence thereunder. Section 139 provides for a presumption in favour of a holder of a negotiable instrument. Section 141 of the Act provides for offences by a company. Sub-section (1) of Section 141 reads as under: "141. Offences by companies.(1) If the person committing an offence under section 138 is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be...

2014 STPL(Web) 1926 MADRAS [2014 ACD 826 (MAD)] MADRAS HIGH COURT (C. T. SELVAM, J.) D. SIMPSON Petitioner VERSUS S. T. PERUMAL Respondent Cri. O P. Nos. 8352 and 6556 of 2014-Decided on 2-4-2014. Negotiable Instruments Act (26 of 1881), Ss. 138, 147 - Compounding - Allowed - Complaint of dishonour of cheque resulted in conviction upto revision - Compromise between both parties - Amount received by complainant as full and final settlement - Joint compromise memo by both parties - Compounding allowed with Rs 25000/- cost to be paid to legal services authority. (Para 5) Cases Referred: Chronological Para AIR 2010 SC 1907 3 2007 CriLJ 1865 (Ker) 4 2006 CriLJ 1922 (Ker) 4 AIR 2003 SC 1386 4 AIR 2001 SC 43 4 AIR 2001 SC 43 4 AIR 2001 SC 2185 4 AIR 1994 SC 1544 4 1993 CriLJ404 (Ker) 4 1990 SCC (Supp) 63 4 1990 Cri LJ 1...

2014 STPL(Web) 505 SC SUPREME COURT OF INDIA (T.S. THAKUR AND C. NAGAPPAN, JJ.) APEX DISTRIBUTORS & ANR. Petitioners VERSUS TIMEX GROUP INDIA LTD. Respondent Transfer Petition (Crl.) No.197 of 2012-Decided on 5-8-2014. Dishonour of Cheque - Territorial Jurisdiction not on base of Notice - Complaint transferred JUDGMENT T.S. Thakur, J.:- In this petition under Section 406 of the Cr.P.C., the petitioners seek transfer of Criminal Complaint No.3960 of 2008 under Section 138 of the Negotiable Instruments Act, 1881 pending before the Metropolitan Magistrate, Patiala House Court at New Delhi to the Court competent to try the same at Pondicherry. The cheque in question appears to have been issued on Vvasva Bank Ltd., Vellore, Tamil Nadu. When presented for encashment the same was dishonoured, whereupon, the respondent got notices issued to the petitioners asking them to pay the cheque amount within the statutory period of fifteen days from the date of the receipt of th...

Cited: 1) K. Bhaskaran v. Sankaran Vaidhyan Balan (1999) 7 SCC 510 2) Harman Electronics Pvt. Ltd. v. National Panasonic India Pvt. Ltd. (2009) 1 SCC 720 3) Shri Ishar Alloy Steels Ltd. v. Jayaswals Neco Ltd. (2001) 3 SCC 609 4) Prem Chand Vijay Kumar v. Yashpal Singh (2005) 4 SCC 417 5) SIL Import, USA v. Exim Aides Silk Exporters (1999) 4 SCC 567 6) Shamshad Begum v. B. Mohammed (2008) 13 SCC 77 7) Mosaraf Hossain Khan v. Bhagheeratha Engg. Ltd. (2006) 3 SCC 658 8) Om Hemrajani v. State of U.P. (2005) 1 SCC 617 9) Nishant Aggarwal v. Kailash Kumar Sharma decided on 1.1.2013 10) FIL Industries Ltd. v. Imtiyaz Ahmed Bhat passed on 12th August 2013 11) Patel Roadways Limited, Bombay v. Prasad Trading Company, AIR 1992 SC 1514 = (1991) 4 SCC 270 12) ONGC v. Utpal Kumar Basu (1994) 4 SCC 711 13) South East Asia Shipping Co. Ltd. v. Nav Bharat Enterprises Pvt. Ltd. (1996) 3 SCC 443 14) Navinchandra N. Majithia v. State of Maharashtra (2000) 7 SCC 640 15) Frick India Ltd. v...