80 Iconic Judgments On Cheque Bounce in 2019 You Should Not Miss!

12/8/2020 80 Iconic Judgments on Cheque Bounce in 2019 you should not miss!

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By : Saloni Saini Lexidem Online Internship
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Categories : Latest News Cheque Bounce News
Farm Laws 2020: Lawyers

at various Delhi District 1- High Court : By simply blaming the advocate, a

Courts held protests in complainant cannot claim restoration of dismissed
solidarity on event of complaint (26 December 2019)
Bharat Band
High Court of Delhi has refused to restore a complaint of

cheque bounce when it found that complainant was only
blaming the counsel. Case is titled as M/S BLS
INFRASTRUCTURE LIMITED vs M/S RAJWANT SINGH &
ORS. decided on 07.11.2019. Read
Trump Advisor broke law
more… https://www.latestlaws.com/latest-news/restoration-
during election with Biden
of-complaint/
criticism: US watchdog
2- High Court : If accused does not deny in the reply

notice, delivery of cheque may be presumed (26
December 2019).
'The counsel for the High Court of Kerala stated "It is trite law that drawing or
petitioner doesn't know execution of a cheque becomes complete only by delivery.
how to behave in the Unless there is delivery of cheque, no liability could be
Court and he even fastened on the drawer. Read
Challenged Authority Of more… https://www.latestlaws.com/latest-news/non-denial-
Court' :High Court Refers
in-reply-notice/
Matter To UP Bar Council
[Read Order]

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Latest Laws Court

 3-High Court
 Bare Acts  Latest: News
Unless there
हंद is
यज़ू
delivery of cheque,
 Articles
liability could be fastened on the drawer (25 December
no
 Latest Caselaw  ADR   Campus Buzz
Ambassadors
 Library2019)Judiciary  Guest Post  Search
COVID19- Draw Out A Read also : The World this Week By: LatestLaws.com |
Definite Plan To December,2020 | Week 1
Rehabilitate Migrated
Workers: High Court
directs State to help the
High Court dismissed the appeal filed by the complainant Campus Ambassador
Migrants to get back to and accepted the acquittal order passed by the trial court.
their normal lives [Read Read more..
Order]
https://www.latestlaws.com/latest-news/delivery-of-cheque/
4- High Court : Amendment in Jurisdiction provision is a

valid legislation (25 December 2019)

Telangana High Court
refuses to stay single
Read also : Sexual Assault charges cannot be slapped
under POCSO Act unless sexual intent proved: High 1 Child Custody
Judge order on GHMC
polls Court
2 Find Free Legal Aid
There is no infirmity in the amendment. Even otherwise, 3 Child Custody
the Parliament is competent to bring out the amendment

under the Negotiable Instruments Act. The said
4 Debt Settlement
amendment cannot be said to be ultra vires in view of the

High Court Expounds:
5 Find a Local Attorney
provisions of the Act or Part III of the Constitution of India.
Married persons living with
The amendment cannot also be called to be manifestly
somebody else's spouse is
arbitrary in the absence of any materials on record stated
an immoral act, a seal of NALSA
approval can't be given by
the Madras High Court. Read more…
ordering police protection https://www.latestlaws.com/latest-news/amendment-in-
[Read Order] jurisdiction-provision-is-a-valid-legislation
5- High Court : Society will not be criminally liable if it only

facilitated the transaction for the benefit of members, High
Court quashed the case(24 November 2019)
'Victim told by her mother High Court of Madras stated that the society played a role
about what to say in the
only to facilitate its members in getting their houses
Court': HC acquits LatestLaws Partner Event :
constructed and the society had no liability as per Section
accused convicted for 6 Hour Online Mediation
138 NI Act on the date of signing of the MOU. Read
crime of aggravated Training Programme
penetrative sexual assault
more… https://www.latestlaws.com/latest-news/society-will-
[Read Judgment] not-be-criminally-liable/
Read also : Honour Killings: The Law It Is and the Law It

Ought to Be

SC upholds Report on
Personnel Allocation of
Power Companies 6-High Court : No upper limit for interim compensation
between AP, Telangana during the appeal (14 November 2019). Dee Gee
The High Court rejected the challenge made by a person

accused of cheque bounce whereby he wanted a relief in
respect of direction for interim compensation. Read more…
https://www.latestlaws.com/latest-news/no-upper-limit-for- 
interim-compensation-during-the-appeal/
 Read
 Bare Acts also
  : HC:
Latest In the 
News हंद यज़
absence ू of a
statutory
Articles power for Caselaw
 Latest
enlarging the time, no court even HC can extend period
 ADR   Campus Buzz

of limitation under SARFAESI Act
7- High Court : Court cannot restore a complaint dismissed

in default (14 November 2019)
Tripura High Court held that Trial Court does not have any
power to restore a complaint. Read
more...https://www.latestlaws.com/latest-news/court-
cannot-restore-a-complaint-dismissed-in-default/
8- High Court allowed the appeal in open court but before

signing the judgment changed its view and heard the
matter afresh(26 October 2019)
Read also : वचाराधीन कै दय क जेल वापसी: द ल हाईकोट

के आदे श पर सु ीम कोट ने लगी रोक एक ह ते और बढ़
Bombay High Court found itself in a very peculiar

condition when another judgment of Supreme Court came
to its notice and therefore, it changed the view
pronounced in open court and given the party to argue the
matter afresh. Read
more. .https://www.latestlaws.com/latest-news/order-in-
open-court/
9- HC:To do or not to do: Discharge in cheque bounce

case under Negotiable Instruments Act (26 October 2019)
Delhi High Court has appointed amicus for deciding the

controversy as to whether the Trial Court can discharge an
accused in summons case line cheque bounce under
Negotiable Instruments Act. Read
more… https://www.latestlaws.com/latest-news/discharge-
in-cheque-bounce-case/
Read also : Kangana Ranaut, Sister ask Bombay High

Court to cancel FIR, summoned thrice earlier
10- High Court: Endorsements reading as the 'house is

locked' or 'not available in the house' or 'shop is closed' or
'addressee not in station' also give rise to the presumption
of service of demand notice (22 October 2019).
The High Court held that presumption of service arises not

only by positive refusal but also by passive refusal of the
demand notice sent by post. Read more..
.https://www.latestlaws.com/latest-news/legal-demand-
notice/
11- High Court: Claim of accused that he has a good case

on the merits is no ground to deny interim compensation
(20 October 2019).

 Punjab 
 Bare Acts 
and Haryana
Latest News High Court ू has declined
 हंद यज़  Articles
the order passed by the trial court whereby interim
to set aside
 Librarycompensation
Judiciary  Guest Post
was granted, though the accused was  Search
taking a ground of good defence. Read

more...https://www.latestlaws.com/latest-news/interim-
compensation/
12- High Court : Speedy justice is one of the fundamental

rights of a person guaranteed under the Constitution of
India: Trial Court has to dispose of the case within 6
months (19 October 2019)
Uttarakhand High Court has observed that speedy justice

is one of the fundamental rights of a person guaranteed
under the Constitution of India. Read more….
https://www.latestlaws.com/latest-news/trial-court-has-to-
dispose-the-case-within-6-months/
13- Bombay High Court: Non production of original demand

notice became fatal (19 October 2019)
Bombay High Court refused to interfere in the acquittal of a

person accused of cheque bounce when it found that the
complainant did not produce the original demand notice
and acknowledgment card. Read more…
https://www.latestlaws.com/latest-news/non-production-of-
original-demand-notice-became-fatal/
14-Supreme Court : Complainant is not required to lead

evidence to prove the liability once he proves that the
cheque was issued by the accused(18 October2019)
Supreme Court has convicted a person in cheque bounce

case when it found that he had failed to rebut the
presumption available in law regarding liability. Read
more…https://www.latestlaws.com/latest-
news/presumptions-in-cheque-bounce/
15- Delhi High Court : Can the defence of non-CTS cheque

be sustained?: High Court to examine the issue (15
October 2019)
Delhi High Court has allowed a complainant to file appeal

against acquittal of a person accused of cheque bounce
case where the defence was that the said cheques were
Non-CTS cheques and were not in circulation. Read
more...https://www.latestlaws.com/latest-news/cheque-
bounce-case-on-non-cts/
16- District Court :Accused cannot be discharged at the

stage of Section 251 or 258 CrPC(16 October 2019)
A district Court in Delhi has held that accused cannot be

discharged in a summons case at the stage of Section 251
or 258 CrPC and therefore, it dismissed the revision 
 petition. Latest
 Bare Acts 
ReadNews
 हंद यज़
news/discharge-of-accused/
17- High Court to examine the issue: Can the defence of

non-CTS cheque be sustained? (15 October 2019)
Delhi High Court has allowed a complainant to file appeal

against acquittal of a person accused of cheque bounce
case where the defence was that the said cheques were
Non-CTS cheques and were not in circulation. Read more…
https://www.latestlaws.com/latest-news/cheque-bounce-
case-on-non-cts/
18- Delhi High Court : No case made out if cheque amount

is more than the liability(15 October 2019)
Delhi High Court has refused to grant leave to appeal in a

cheque bounce case where the accused was acquitted
since the cheque amount was more than the liability. Read
more…https://www.latestlaws.com/latest-news/cheque-
amount-is-more-than-the-liability/
19- Madras High Court : Accused has not given any

satisfactory explanation as to how the cheque executed
and signed by him came into the hands of the complainant:
High Court has reversed the acquittal and convicted the
accused(14 October 2019)
Madras High Court has reversed the acquittal and

convicted a person accused of cheque bounce when it
found that accused has not even given any satisfactory
explanation as to how, the cheque executed and signed by
him, came into the hands of the complainant. Read more…
https://www.latestlaws.com/latest-news/how-cheque-came-
into-the-hands-of-complainant/
20- Madras High Court : Revision not maintainable against

dismissal of the application for handwriting expert
opinion(12 October 2019)
Madras High Court has held that criminal revision is not

maintainable as against the order passed by the Court
below under Section 45 of the Evidence Act for
handwriting expert opinion. Read more…
https://www.latestlaws.com/latest-news/revision-not-
maintainable/
21- Delhi High Court : Case should not be dismissed on the

ground that fact of personal knowledge of attorney is not
mentioned in the complaint(10 October 2019)
Delhi High Court has refused to quash a cheque bounce

case where factum of personal knowledge was not
mentioned in the complaint and accused wanted dismissal
 of
 Bare Acts 
case on
 Latest News
that ground.
ू
Read
 Articles
https://www.latestlaws.com/latest-news/personal-
more…
 Libraryknowledge-of-attorney/
Judiciary  Guest Post  Search
22- Kerala High Court : Woman tried to escape a cheque

bounce case by blaming that her husband forged her
signature on the cheque: She failed(13 October 2019)
Kerala High Court has set aside an acquittal in a cheque

bounce case where wife was claiming that her husband
had forged her signature on the cheque, and it directed
the trial court to make fresh consideration. Read
more...https://www.latestlaws.com/latest-news/wife-
blames-husband-for-forging-the-cheque/
23- Delhi High Court allows the Cross examination though

matter was at final arguments stage(11 October 2019)
Delhi High Court has allowed the accused in a cheque

bounce case to cross examine the complainant even
though the matter was at the stage of final arguments.
Read more..https://www.latestlaws.com/latest-news/cross-
examination-allowed-at-final-arguments/
24- Madhya Pradesh High Court : For fault of counsel in not

depositing the process fee, complainant should not suffer
the dismissal of his case(09 October 2019)
Madhya Pradesh High Court has restored a cheque

bounce case which was dismissed by the trial court for
failure in depositing the process fee. Read more…
https://www.latestlaws.com/latest-news/fault-of-counsel-in-
depositing-the-process-fee/
25- Supreme Court : Documentary proof is required for

showing the liability if cheque is claimed to have been
received as consideration for sale-purchase of property(08
October 2019)
Supreme Court has observed that in the absence of any

document/proof for sale-purchase of property, the claim
that cheque was given towards consideration for the
purchase of a property cannot be accepted.Read more…
https://www.latestlaws.com/latest-news/documentary-
proof-is-required-for-showing-the-liability/
26- Supreme Court has considered old age to award

lenient punishment (07 October 2019)
Supreme Court has let an accused only with imposition of

fine when it found that he is of old age and case was also
old. Read more…https://www.latestlaws.com/latest-
news/supreme-court-has-considered-old-age-to-award-
lenient-punishment/
 27-Punjab
 Bare Acts 
& Haryana High
 Latest News
Courtू : Allowed
the accused
 Articles
examine himself in defence (03 October 2019)
to
Punjab & Haryana High Court has observed that accused

should be granted a fair opportunity to defend himself and
once he has taken a proactive step to rebut the liability, he
should be allowed to bring the facts on record. Read
more… https://www.latestlaws.com/latest-news/high-court-
allowed-the-accused-to-examine-himself-in-defence/
28-Madras High Court : Case cannot be lodged on the

basis of stale cheque(01 October 2019)
Madras High Court has quashed a cheque bounce case

when it found that the cheque was presented to the bank
after its validity period. Read
more..https://www.latestlaws.com/latest-news/case-cannot-
be-lodged-on-the-basis-of-stale-cheque/
29- Karnataka High Court : Legal demand notice to

company is not required if it is issued to Managing
Director(30 September 2019)
Karnataka High Court has held that if the legal demand

notice was issued to the managing director then
knowledge of company about the demand can be
assumed and cheque bounce case can be maintained.
Read more..https://www.latestlaws.com/latest-news/legal-
demand-notice-to-company/
30-Allahabad High Court : Magistrate passed order on

printed proforma, High Court quashed the order of
summoning(28 September 2019)
Allahabad High Court has quashed the summoning order

in a cheque bounce case when it found that the order was
passed on a printed proforma, however, it directed the trial
court to pass the order afresh. Read
more..https://www.latestlaws.com/latest-news/the-
magistrate-passed-order-not-printed-proforma/
31-Madras High Court : Form 32 being a document of

sterling nature can be relied upon for quashing the case
(29 September 2019)
Madras High Court has observed that Form 32 is sterling in

nature and therefore that can be relied upon by the court
at the time of dealing with quash petition. Read
more..https://www.latestlaws.com/latest-news/a-form-32-
being-a-document-of-sterling-nature-can-be-relied-upon-
for-quashing-the-case/
32-Supreme Court : Accused has to explain as to how his

cheque entered into the hands of the complainant(25
September 2019)

 Supreme
 Bare Acts 
Court has observed
 Latest News
that
 हंद यज़ू
it is for the accused
 Articles
to
 Latest Caselaw
explain as to how his cheque entered into the hands of the
 Librarycomplainant.
Judiciary  Guest Post Read more…  Search
https://www.latestlaws.com/latest-news/accused-has-to-
explain-as-to-how-his-cheque-entered-into-the-hands-of-
the-complainant/
33-Supreme Court : Appeal by Legal Heirs of a convict is

permissible in law(24 September 2019)
Supreme Court has held that Legal Heirs of a deceased

accused have a right to challenge the conviction of their
predecessor only for the purpose that he was not guilty of
any offence. Read more..https://www.latestlaws.com/latest-
news/appeal-by-legal-heirs-of-a-convict-is-permissible-in-
law/
34-Calcutta High Court : Part payment made by an accused

can be taken into consideration at the time of imposing a
sentence but same cannot wash away the offence(22
September 2019)
Calcutta High Court has held that part payment may be

taken into consideration at that time of imposing a
sentence, if any. Read more…
https://www.latestlaws.com/latest-news/cheque-bounce-
case-and-part-payment/
35-Kerala High Court : Merely because defence witnesses

support the case of the accused, they cannot be held to be
untruthful: High Court acquits the accused (20 September
2019)
Kerala High Court has observed that defence witnesses

are entitled to equal treatment with those of the
prosecution and that merely because defence witnesses
support the case of the accused, they cannot be held to be
untruthful. Read more…https://www.latestlaws.com/latest-
news/merely-because-defence-witnesses-support-the-
case-of-the-accused-they-cannot-be-held-to-be-untruthful/
36-Supreme Court : Even if one legal demand notice is

issued for several cheques, separate cases may be filed (17
September 2019)
Supreme Court has rejected the challenge of accused who

wanted one trial on the premise that only one legal
demand notice was issued for four cheques and so
separate trial could not have been conducted. Read more…
https://www.latestlaws.com/latest-news/one-demand-
notice-for-several-cheques/
37-Supreme Court : There is no provision for consolidation

of several cases (17 September 2019)
 Supreme
 Bare Acts 
Court recentlywhile
 Latest News
dealing
हंद य ज़
ू
with a situation
 Articles
several cases of cheque bounce between same parties
of
 Libraryhas observed
Judiciary  that
Guest Postis no provision of consolidation of
there  Search
cases in the Code of Criminal Procedure. Read more…

https://www.latestlaws.com/latest-news/there-is-no-
provision-for-consolidation-of-several-cases/
38-Delhi High Court : Complaint case is maintainable even

if the cheque is not endorsed in favour of the bank(16
September 2019)
Delhi High Court has held that bank has locus standi to
bring a case of an offence under Section 138 NI Act even in
respect of cheque issued in other's name but to discharge
the liability of overdraft.. Read more….
https://www.latestlaws.com/latest-news/complaint-case-is-
maintainable-even-if-cheque-is-not-endorsed-in-favour-of-
the-bank/
39-Supreme Court : Handing over of the cheque by way of

security per se will not extricate the accused from the
discharge of liability arising from such cheque(15
September 2019)
Supreme Court has set aside quashing order in respect of

cheque bouncing case and observed that handing over of
the cheques by way of security per se would not extricate
the accused from the discharge of liability arising from
such cheques. Read more…
https://www.latestlaws.com/latest-news/security-cheque-
also-creates-an-offence/
40-Punjab & Haryana High Court : Even if complainant fills

date in cheque, accused cannot get the case quashed (13
September 2019)
Punjab and Haryana High Court has recently declined to

give any relief to a person accused of cheque bounce case
and has observed that filling date in the cheque does not
amount to a material alteration. Read
more...https://www.latestlaws.com/latest-
news/complainant-fills-date-in-cheque-but-accused-
cannot-get-the-case-quashed/
41- High Court: It is unimaginable that an employee would

advance loan of a huge amount of Rs.39.00 lacs to his
master (09 September 2019)
Madhya Pradesh High Court has observed that it is

unimaginable that an employee would advance a huge
amount of Rs.39.00 lacs to his master and that too without
executing any document of loan agreement. Read more…
https://www.latestlaws.com/latest-news/unimaginable-that-
an-employee-would-advance-a-huge-amount-of-rs-39-00-
lacs-to-his-master/ 
 42-HighCourt
 Bare Acts  Latest :News
Complainant cannot
file revision petition
 Articles
against acquittal of accused(09 September 2019)
Latest Caselaw  ADR   Campus Buzz
Madhya Pradesh High Court has opined that a revision

petition filed by a complainant against acquittal of accused
in a cheque bounce case is not maintainable. Read
more….https://www.latestlaws.com/latest-
news/complainant-cannot-file-revision-petition-against-
acquittal-of-accused/
43-Supreme Court: 138NI Act Proceedings Cannot Be

Quashed On The Ground That Notice Not Served Within
Statutory Period(05 September 2019)
Recently, in the case of Kishore Sharma vs. Sachin Dubey,

the Supreme Court held that the proceedings under
Section 138 of the Negotiable Instruments Act (NI Act)
cannot be quashed on the ground that the demand notice
not duly served within the statutory period. Read more…
https://www.latestlaws.com/latest-news/sc-138ni-act-
cannot-quashed-notice-not-served-in-statutary-period/
44-Bombay High Court : Direction for interim compensation

in appeal is not a condition precedent for suspending the
sentence(03 September 2019)
Bombay High Court has observed that the provision ex

facie does not make it imperative that such direction to
deposit 20% amount to be made a condition precedent for
suspending the sentence. Read more…
https://www.latestlaws.com/latest-news/condition-
precedent-for-suspending-the-sentence/
45-Madras High Court : The presumption of innocence is a

human right, acquittal of accused should not be easily
disturbed(29 August 2019)
Madras High Court has held that the presumption of

innocence is a human right and in this case, when two
Courts have acquitted the accused, the said presumption
should not be easily dislodged and re-trial cannot be
ordered. Read more…https://www.latestlaws.com/latest-
news/the-presumption-of-innocence-is-a-human-right/
46-Madras High Court : Since cheque was for high value,

High Court condoned the delay in filing the complaint
case(02nd September 2019)
Madras High Court has condoned the delay regarding

limitation in filing of a criminal case primarily on the ground
that value of cheque involved was very high. Read more…
https://www.latestlaws.com/latest-news/high-court-
condoned-the-delay/


 47-Bombay
 Bare Acts 
High Court: 
 Latest News
Complainant
हंद यज़
ू
cannot file anappeal
 Articles Latest Caselaw
against acquittal before Sessions Court (27 August 2019)
Bombay High Court has held that a complainant in a

cheque bounce case cannot avail the benefit of proviso to
Section-372 CrPC and he has to file appeal against
acquittal before the High Court. Read more…
https://www.latestlaws.com/latest-news/appeal-against-
acquittal-in-ni-act-cases/
48-Bombay High Court : Belated attempt of accused to

lead defence evidence should not be countenanced (04
September 2019)
Bombay High Court has declined to grant any relief to

accused of a cheque bounce case who wanted to lead
evidence at the stage of culmination of proceedings. Read
more…https://www.latestlaws.com/latest-news/belated-
attempt-of-accused-to-lead-defence-evidence/
49-District Court: Defence of accused is not material at the

time of granting interim compensation to complainant(01
September 2019)
A district Court in Delhi has recently held that defence of

the accused is not material at the time of passing order u/s
143A of NI Act for interim compensation to the
complainant. Read
more...https://www.latestlaws.com/latest-news/defence-
and-interim-compensation/
50-SC not amused as Convict offers to Pay up after 15

Years of Litigation, sent to Jail(16 August 2019)
He was sentenced to undergo rigorous imprisonment for

two years apart from payment of a fine of rupees 5000 by
the Trial Court. His subsequent appeals were also
dismissed in supreme court. Read
more….https://www.latestlaws.com/latest-news/cheque-
bounce-case-sc-reject-offer-to-pay-up-after-15-years-of-
litigation-convict-sent-to-jail/
51-Supreme Court: No Court shall impose Cost on Parties if

they settle at early stages of Trial(14 August 2019)
If a case of settlement is arrived at between the parties at

the initial stage of the trial then no fine shall be imposed on
the parties in terms of apex court decision in Damodar S.
Prabhu vs. Sayed Babalal H. (2010) 5 SCC 663, 2010 Latest
Case Law 332 SC. Read
more...https://www.latestlaws.com/latest-news/cheque-
bounce-cases-court-shall-not-impose-cost/
52-Supreme Court : Accused offered to pay cheque

amount after 15 years and prayed for exemption from
surrender, SC declined the request (13 August 2019) 
 Supreme Court has rejected

 Bare Acts   Latest News
a request
 हंद यज़ ू
of an accused
 Articles
in a
 Latest Caselaw
cheque bounce case for his exemption from surrendering
 Librarythough
he offered the payment of cheque amount. Read
more…https://www.latestlaws.com/latest-news/exemption-
from-surrender-in-cheque-bounce-case/
53-Section 138 NI Act: Builder to face 6 month Jail term

with Rs 9 Lakh as Fine(12 August 2019)
A court of additional sessions judge in Delhi has dismissed

two appeals filed by a builder against his conviction
whereby he was awarded 6-month jail term in cheque
bounce cases along with a fine of Rs 9 lakh in each case.
Read more…https://www.latestlaws.com/latest-
news/section-138-ni-act-builder-to-face-6-month-jail-term-
with-rs-9-lakh-as-fine/
54-Supreme Court : Court can waive costs on

compounding in deserving cases(12 August 2019)
Supreme Court has refused to impose costs on

compounding where the accused was acquitted by the trial
court but convicted by the high court and compounding
arrived in appeal in the Supreme Court. Read
more...https://www.latestlaws.com/latest-news/cost-on-
compounding/
55-Supreme Court : Supreme Court suspended the

sentence even without issuing notice to the
complainant(07 August 2019)
Supreme Court has taken into consideration the period

undergone and suspended the sentence of one woman
convicted of cheque bounce case. Read more…
https://www.latestlaws.com/latest-news/suspension-of-
sentence-in-section-138/
56-Section 138 NI Act: If Company is represented by

accused director, charge need not be explained separately
to the company(05 August 2019)
Madhya Pradesh High Court set aside the order of

Appellate Court of denovo trial of a case. Read more…
https://www.latestlaws.com/latest-news/no-separate-
charge-to-company/
57-Supreme Court: Complainant cannot claim interim

compensation in old cases(31 July 2019)
Supreme Court has cleared all the doubts on the issue of

interim compensation to be paid by the accused persons in
cheque bounce cases and held that amended provision
has no retrospective effect. Read
more...https://www.latestlaws.com/latest-news/interim-
compensation-has-no-retrospective-effect/

 58-Supreme
 Bare Acts 
Court : Company
 Latest News
canू be added
under
 Articles
Section
Latest Caselaw
319 CrPC if it was earlier not made an accused (31 July
 Library2019)Judiciary  Guest Post  Search
Supreme Court has upheld an order of the Delhi High

Court whereby addition of company as accused in a
cheque bounce case was accepted through Section 319
CrPC. read more…https://www.latestlaws.com/latest-
news/subsequent-addition-of-company-as-accused/
59-High Court : For loan of small amount complainant is

not required to explain the source of income (23 July 2019)
The Chhattisgarh High Court has observed that since the

loan amount was within the capacity of the complainant
who was getting regular salary, judgments on source of
income would not apply. Read more…
https://www.latestlaws.com/latest-news/source-of-income/
60-High Court : Complainant need not seek leave to

appeal and can directly file an appeal against the acquittal
of accused (17 July 2019)
Madhya Pradesh High Court has held that there

is no requirement for taking leave to file an
appeal against acquittal in a cheque bounce
case. Read more…
https://www.latestlaws.com/latest-news/section-
138-ni-act-no-leave-required-for-appeal-against-
acquittal/
61- High Court : Belated attempt of the accused to invoke
revisional jurisdiction cannot be countenanced (15
July2019)
Bombay High Court has refused to entertain a

petition of accused in a cheque bounce case
whereby he challenged an order declining to
condone the delay in filing revision against the
summoning order. Read more…
138-ni-act-belated-attempt-of-the-accused-to-
invoke-revisional-jurisdiction-cannot-be-
countenanced/
62-High Court : This goes to complainants as one more
High Court holds that interim compensation can be
awarded even in pending cases (17 July2019)
Madras High Court has held that complainant is

entitled to claim interim compensation even in
pending cases as newly introduced section
143A has retrospective effect. Read more…
143a-even-in-pending-cases/
63-High Court: It is open for the holder of cheque to fill up
blanks and specify the amount therein (24 July 2019)

 Bombay High
 Bare Acts  Latest Court
News has observed
 हंद यज़ ू
that it is open
 Articles
to a
 Latest Caselaw
person to sign and deliver a blank or incomplete cheque
 Libraryand Judiciary
is equally Guest
open Post
for the holder to fill up blanks and  Search
specify the amount therein. Read more…

https://www.latestlaws.com/latest-news/blank-cheque/
64-High Court : Accused cannot seek dropping of

proceedings(27 July 2019)
Calcutta High Court has upheld an order of Magistrate

whereby he had rejected an application of accused asking
for dropping of the proceedings in a cheque bounce case.
Read more… https://www.latestlaws.com/latest-
news/dropping-of-proceeding-in-cheque/
65-Supreme Court : Demand Notice sent to director is

sufficient notice to company (31st July 2019)
Supreme Court has upheld an order of the Delhi High

Court wherein it was observed that demand notice issued
to director is sufficient notice to the company. Read more…
https://www.latestlaws.com/latest-news/notice-to-director-
is-notice-to-company/
66 -High Court : Case not maintainable if account is

blocked (01 August 2019)
High Court of Punjab & Haryana has held that if a bank

account has been blocked, it cannot be treated as being
maintained by the account holder and therefore, no liability
can be attached to the drawer of cheque of that bank
account. Read more…https://www.latestlaws.com/latest-
news/blocked-account-in-cheque-bounce-cases/
67-High Court : If accused has repaid the loan, he should

have taken steps to get back the security cheque(15 July
2019)
Madras High Court has doubted the claim of

accused in a cheque bounce case that he had
repaid the loan amount, the reason being that
the accused had not taken any step to get his
cheque back from the complainant even after so
called repayment. Read
more..https://www.latestlaws.com/latest-
news/section-138-ni-act-if-accused-has-repaid-
the-loan-he-should-have-taken-steps-to-get-
back-the-security-cheque/
68-High Court : Cheque bounce case of complainant and
cheque forgery case of accused should be tried
together(13 July 2019)
Madras High Court has directed the trial court to

try together the case for cheque bounce filed by
the complainant and the case for forgery of
cheques to be filed by the accused. Read 
news/section-138-ni-act-cheque-bounce-case-
ू  Articles  Latest Caselaw
of-complainant-and-cheque-forgery-case-of-
accused-should-be-tried-together/
69-High Court : No liability if amount is filled in different

ink(11 July 2019)
Madras High Court has held that if amount is

filled in different ink, no liability can be assumed
as the same would indicate a material alteration
rendering the negotiable instruments void. Read
more...https://www.latestlaws.com/latest-
news/negotiable-instruments-act-no-liability-if-
amount-is-filled-in-different-ink/
70- High Court : Defence cannot be struck off due to non
payment of interim compensation(11 July 2019)
Gujarat High Court has observed that prima facie the

provision does not authorize a court to strike off the
defence of an accused if he fails to pay the interim
compensation under Section-143A of NI Act. Read more..
https://www.latestlaws.com/latest-news/section-143a-ni-act-
and-defence-of-accused/
71- High Court : Complainant cannot be charged with

abetment if drawer of cheque commits suicide(27 July
2019)
Madhya Pradesh High Court has quashed the

FIR for abetment of suicide where the prime
allegation was that the accused wanted to
extort money in the garb of interest on loan and
had filed cheque bounce case against the
deceased. Read more…
138-ni-act-complainant-cannot-be-charged-with-
abetment-if-drawer-of-cheque-commits-suicide/
72-Supreme Court : Interim compensation during appeal
can be given in the cases already pending at the time of
amendment(29 May 2019)
Supreme Court has held that the amendment introduced in

the NI Act for providing interim compensation during the
appeal is applicable even to the cases already pending at
the time of amendment. Read
more….https://www.latestlaws.com/latest-news/section-148-
ni-act-interim-compensation-during-appeal/
73- Supreme Court : Legal heir of payee of cheque can file

a complaint of cheque bounce(14 May 2019)
An heir of the deceased holder in due course of the

cheque can bring an action on the basis of the cheque to
recover the amount due thereon to the deceased holder
by reason of the fact that he succeeds to the estate of the
 deceased holder
 Bare Acts   Latest News
by inheritance.
Read more…
 Articles Latest Caselaw
https://www.latestlaws.com/latest-news/section-138-ni-act-
 Librarylegal-heir-of-payee-of-cheque-can-file-complaint/
74- High Court : If demand notice is sent at wrong address,

complaint cannot be maintained(03 July 2019)
Delhi High Court has held that if the notice is

incorrectly addressed no legal presumption can
arise. Read
more..https://www.latestlaws.com/latest-
news/cheque-bounce-and-demand-notice-at-
wrong-address/
75-High Court : Postal report showing addressee does not
reside on the given address cannot be treated as service
of demand notice(26 June 2019)
Madhya Pradesh High Court has held that if demand

notice sent by registered post is returned with a clear note
that the addressee does not reside on the given address, it
cannot be treated as 'served'. Read
more….https://www.latestlaws.com/latest-news/section-138-
ni-act-postal-report-showing-addressee-does-not-reside-
on-the-given-address-cannot-be-treated-as-service-of-
demand-notice/
76-High Court : Refusal to accept legal demand notice is

not a valid service(23 May 2019)
Himachal Pradesh High Court has acquitted a

person accused of cheque bounce on the
premise that refusal to accept notice is not
service of notice. Read more…
138-ni-act-refusal-to-accept-legal-demand-
notice-is-not-a-valid-service/
77-Supreme Court : No separate application for
condonation of delay: Apex Court accepted condonation of
delay in filing of case where reasons were mentioned in
complaint itself (14 May 2019)
Supreme Court has allowed a complaint for cheque

bounce to continue where the case was filed beyond
limitation period but sufficient reasons for delay were
indicated in the complaint itself. Read more…
https://www.latestlaws.com/latest-news/section-138-ni-act-
no-separate-application-for-condonation-of-delay/
78-High Court: To avoid a cheque bounce case a lady

alleged rape against the complainant (16 April 2019)
Delhi High Court has found a case of rape a

counter blast to the cheque bounce case and
finding it unreliable, it accepted the discharge of
accused from the rape case. Read more..
.https://www.latestlaws.com/latest-news/to- 
avoid-a-cheque-bounce-case-a-lady-alleged-
ू  Articles  Latest Caselaw
rape-against-the-complainant-high-court-did-
not-agree/
79-High Court : No interim compensation in cases already

pending on the date of amendment (12 April 2019)
Pujnab & Haryana High Court has held that

interim compensation for cheque bounce cases
cannot be granted by trial courts in cases which
were already pending on the date of
enforcement of Section-143-A NI Act. Read
more.. https://www.latestlaws.com/latest-
news/cheque-bounce-no-interim-compensation-
in-pending-cases/
80-Supreme Court : Defense of Blank signed cheque
cannot help the accused(15 April 2019)
Supreme Court has held that even a blank signed cheques

given for payment will attract the presumption of liability
and that filling of cheque by other person is immaterial.
Read more… https://www.latestlaws.com/latest-
news/defense-of-blank-signed-cheque-cannot-help-the-
accuse/
81-Supreme Court : Onus on Accused' to prove the cheque

issued was not in discharge of a debt or liability; Section
138 &139 of NI Act. (08 February 2019)
The Bench of Justices R. Banumathi

and Indira Banerjee, holds that the
onus to rebut the presumption under
Section 139 of the Negotiable
Instruments Act that the cheque has
been issued in discharge of a debt or
liability is on the accused and the fact
that the cheque might be post dated
does not absolve the drawer of a
cheque of the penal consequences of
Section 138 of the Act. Read more…
https://www.latestlaws.com/latest-
news/sc-onus-on-accused-to-prove-
the-cheque-issued-was-not-in-
discharge-of-a-debt-or-liability-
section-138-139-of-ni-act-read-
judgment/
82- Apex Court: Cheque Bounce' Complaint based on 2nd
Notice after Re-Presentation of Cheque is Maintainable (17
January 2019)
The Apex Court has held that a

'Cheque Bounce' complaint filed

based on the 2nd statutory notice
 issued
 Bare Acts  Latestafter
News  re-presentation
हंद यज़
ू  Articles of Caselaw
 Latest  ADR   Campus Buzz
cheques,
 Library
is Post maintainable. Read
Judiciary  Guest  Search
more…
https://www.latestlaws.com/latest-
news/sc-cheque-bounce-complaint-
based-on-2nd-notice-after-re-
presentation-of-cheque-is-
maintainable-read-judgment/
The judgments have been compiled by Saloni Saini, 4th
year student of University School of Law and Legal Studies,
GGSIPU. She is currently interning with LatestLaws.com.
Picture Source :

Saloni Saini

Tags : Cheque Bounce Section 138
Negotiable Instruments Act Supreme Court
Delhi High Court Bombay High Court
Constitution of India
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80 Iconic Judgments On Cheque Bounce in 2019 You Should Not Miss!

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80 Iconic Judgments On Cheque Bounce in 2019 You Should Not Miss!

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12/8/2020 80 Iconic Judgments on Cheque Bounce in 2019 you should not miss!

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10- High Court: Endorsements reading as the 'house is

The High Court held that presumption of service arises not

11- High Court: Claim of accused that he has a good case

taking a ground of good defence. Read

12- High Court : Speedy justice is one of the fundamental

Uttarakhand High Court has observed that speedy justice

13- Bombay High Court: Non production of original demand

Bombay High Court refused to interfere in the acquittal of a

14-Supreme Court : Complainant is not required to lead

Supreme Court has convicted a person in cheque bounce

15- Delhi High Court : Can the defence of non-CTS cheque

Delhi High Court has allowed a complainant to ﬁle appeal

16- District Court :Accused cannot be discharged at the

A district Court in Delhi has held that accused cannot be

 Library Judiciary  Guest Post  Search

17- High Court to examine the issue: Can the defence of

Delhi High Court has allowed a complainant to ﬁle appeal

18- Delhi High Court : No case made out if cheque amount

Delhi High Court has refused to grant leave to appeal in a

19- Madras High Court : Accused has not given any

Madras High Court has reversed the acquittal and

20- Madras High Court : Revision not maintainable against

Madras High Court has held that criminal revision is not

21- Delhi High Court : Case should not be dismissed on the

Delhi High Court has refused to quash a cheque bounce

22- Kerala High Court : Woman tried to escape a cheque

Kerala High Court has set aside an acquittal in a cheque

23- Delhi High Court allows the Cross examination though

Delhi High Court has allowed the accused in a cheque

24- Madhya Pradesh High Court : For fault of counsel in not

Madhya Pradesh High Court has restored a cheque

25- Supreme Court : Documentary proof is required for

Supreme Court has observed that in the absence of any

26- Supreme Court has considered old age to award

Supreme Court has let an accused only with imposition of

 Library Judiciary  Guest Post  Search

Punjab & Haryana High Court has observed that accused

28-Madras High Court : Case cannot be lodged on the

Madras High Court has quashed a cheque bounce case