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Home / Latest News / 80 Iconic Judgments on Cheque Bounce in 2019 you should not miss! Latest Laws
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Section 14 Limitation Act

Applies To Application
Under Section 7 IBC:
Supreme Court [Read
Judgment]

Supreme Court Dismisses
Andhra CM's Complaint
Against Justice Ramana
After Confidential In-
House Enquiry [Read
Statement]
HC grants conditional bail
to Justice Karnan after his
arrest over remarks on ex-
SC judges, families [Read
Order]
‘Do some social service to
atone your sins’: HC
quashes complaint against
man accused of assault
[Read Judgment]
     05 Jan 2020
   
By : Saloni Saini  
 
Categories : Latest News Cheque Bounce News
1-  High Court : By simply blaming the advocate, a
complainant cannot claim restoration of dismissed
complaint (26 December 2019)
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
more…  https://www.latestlaws.com/latest-news/restoration-
of-complaint/
2- High Court : If accused does not deny in the reply
notice, delivery of cheque may be presumed (26
December 2019).
High Court of Kerala stated "It is trite law that drawing or
execution of a cheque becomes complete only by delivery.
Unless there is delivery of cheque, no liability could be
fastened on the drawer. Read
more…  https://www.latestlaws.com/latest-news/non-denial-
in-reply-notice/
3-High Court : Unless there is delivery of cheque, no
liability could be fastened on the drawer (25 December
2019)
Read also : ‘Do some social service to atone your sins’:
HC quashes complaint against man accused of assault
[Read Judgment]

High Court dismissed the appeal filed by the complainant

and accepted the acquittal order passed by the trial court.
Read more..

HC: Road Rage as an https://www.latestlaws.com/latest-news/delivery-of-cheque/

offense should engage 4- High Court : Amendment in Jurisdiction provision is a 
valid legislation (25 December 2019)  
 
the attention of the
lawmakers [Read Order]
Read
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plea seeking clarity on law
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POCSO for Consensual
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मां गा Voluntary Retirement
तो मचा हड़कंप, बार
एसोिसएशन अ सिहत
200 पर FIR
Latest News ofिहंFIR:
दी ूज़Supreme
Court refuses
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  There is no infirmity in the amendment. Even otherwise,
the Parliament is competent to bring out the amendment
under the Negotiable Instruments Act. The said
amendment cannot be said to be ultra vires in view of the
provisions of the Act or Part III of the Constitution of India.
The amendment cannot also be called to be manifestly
arbitrary in the absence of any materials on record stated
the Madras High Court. Read more…
https://www.latestlaws.com/latest-news/amendment-in-
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)
 High Court of Madras stated that the society played a role Latest Laws Court
only to facilitate its members in getting their houses Ambassadors
constructed and the society had no liability as per Section
138 NI Act on the date of signing of the MOU. Read
more…  https://www.latestlaws.com/latest-news/society-will-
not-be-criminally-liable/
Read also : Compelled to compromise: High Court
dismisses female teacher’s plea to quash FIR against
alleged harasser [Read Order]  
 
6-High Court : No upper limit for interim compensation
during the appeal (14 November 2019).
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 also : Intention/Knowledge Needed To Be Present  
To Make An Act One Of Culpable Homicide: Bombay  
High Court while granting Relief To Junior Doctor
Booked Under IPC 304 [Read Judgment]
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 : Son of murdered Developer plea in High
Court for invoking MCOCA against accussed
  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
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more…  https://www.latestlaws.com/latest-news/discharge-
 ADR   Campus Buzz

 Libraryin-cheque-bounce-case/
Judiciary
 Guest Post  Search

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 and Haryana High Court has declined to set aside
the order passed by the trial court whereby interim
compensation was granted, though the accused was
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
  Bare Acts   Latest News  िहं दी ू ज़  Articles  Latest Caselaw
discharged in a summons case at the stage of Section 251
 ADR   Campus Buzz

 Libraryor 258 CrPC Guest

Judiciary 
and therefore,
Post it dismissed the revision  Search
petition. Read more…https://www.latestlaws.com/latest-
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 case on that ground. Read more…
https://www.latestlaws.com/latest-news/personal-
knowledge-of-attorney/
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-
  Bare Acts  Latest News  िहं दी ू ज़  Articles
examination-allowed-at-final-arguments/
 Latest Caselaw  ADR   Campus Buzz

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 Guest High
Post  Search
24- Madhya 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 & Haryana High Court : Allowed the accused to
examine himself in defence (03 October 2019)
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
  Bare Acts   Latest News  िहं दी ू ज़  Articles  Latest Caselaw
nature and therefore that can be relied upon by the court
 ADR   Campus Buzz

 Libraryat the time of

Judiciary dealing with quash petition. Read
 Guest Post  Search
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 Court has observed that it is for the accused to
explain as to how his cheque entered into the hands of the
complainant. Read more…
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 Court recently while dealing with a situation of
several cases of cheque bounce between same parties
has observed that there is no provision of consolidation of
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
  Bare Acts   Latest News  िहं दी ू ज़  Articles  Latest Caselaw
bring a case of an offence under Section 138 NI Act even in
 ADR   Campus Buzz

 Libraryrespect of cheque
Judiciary issued in other's name but to discharge
 Guest Post  Search
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 : Complainant cannot file revision petition
against acquittal of accused(09 September 2019)
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
  Bare Acts   Latest News  िहं दी ू ज़  Articles  Latest Caselaw
human right, acquittal of accused should not be easily
 ADR   Campus Buzz

 Librarydisturbed(29
Judiciary August
 Guest2019)
Post  Search

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 High Court: Complainant cannot file an appeal
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
  Bare Acts   Latest News  िहं दी ू ज़  Articles
amount after 15 years and prayed for exemption from
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 Librarysurrender, SC declined
Judiciary

the request (13 August 2019)
Guest Post  Search

Supreme Court has rejected a request of an accused in a

cheque bounce case for his exemption from surrendering
though 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 Court : Company can be added under Section
319 CrPC if it was earlier not made an accused (31 July
2019)
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
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appeal and can directly file an appeal against the acquittal
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 Libraryof accused
Judiciary(17 July

2019)
Guest Post  Search

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…
https://www.latestlaws.com/latest-news/section-
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…
https://www.latestlaws.com/latest-news/section-
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 Court has observed that it is open to a
person to sign and deliver a blank or incomplete cheque
and is equally open for the holder to fill up blanks and
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
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have taken steps to get back the security cheque(15 July
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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
more…https://www.latestlaws.com/latest-
news/section-138-ni-act-cheque-bounce-case-
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…
https://www.latestlaws.com/latest-news/section-
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
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more….https://www.latestlaws.com/latest-news/section-148-
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 Guest Post  Search

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 by inheritance. Read more…
https://www.latestlaws.com/latest-news/section-138-ni-act-
legal-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…
https://www.latestlaws.com/latest-news/section-
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-
rape-against-the-complainant-high-court-did-
not-agree/ 
 79-High Court : No interim compensation in cases already
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pending on the date of amendment (12 April 2019)
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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 after re-presentation of
cheques, is maintainable. Read
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
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year student of University School of Law and Legal Studies,
 ADR   Campus Buzz

 LibraryGGSIPU. She is currently

Judiciary Guest Postinterning with LatestLaws.com.
  Search

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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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Neeraj Shrotriya
Thanks for compiling & publishing most sought after
judgments in one go.

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JYOTISH kumar Mishra

A very good effort Lots of Congrats

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Adv. Abhishek
Very helpful judgments

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B.VISHNU VARDHAN REDDY

Excellent work,the language used is simple,easily
understood.a great effort,thank you

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Malay
Very very good effort

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Narendrasingh P Rajput
Good chunk of judgements

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Mahesh Kumar
Can under order 22 rule 3 of CPC is applicable in u/s 138
of NI act ? if complainant died.

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