All
Absence of accused
Absence of complainant
Account book entries
Accused neither Director nor a signatory of cheque
Accused ready to pay triple of cheque amount
Accused residing beyond jurisdiction
Acquittal of accused
Acquittal of Director
Additional documents by complainant
Additional evidence
Additional evidence at appellate stage
Additional witness
Adjustment of amount recovered under 'the SARFAESI Act'
Admission of liability in court
Admission of signature on cheque
Advance payment by way of cheques
Advocate Client relationship
Affidavit in evidence
Agreement to sell
Agreement to sell property with sons of accused
Allegation of forged and fabrication
Alteration in cheque
Anticipatory bail
Appeal
Appeal against conviction
Appeal before Session Court
Appellate jurisdiction
Applicability on pending appeals
Application for additional witness
Arbitration and Conciliation Act, 1996 (26 of 1996)
Arbitration clause/ Arbitration proceedings
Arrest of Judgment Debtor/ JD
Arrest warrant/ Warrant of arrest
Attachment of salary
Authority to file Complaint by Company
Award of Lok Adalat in complaint u/s 138 NI Act
Bahi entries
Bail to accused
Bearer Cheque
Bearing on the case
Benefit of doubt
Bill of Exchange
Blank Cheque/ Cheque leaf/ Blank signed cheque
Blank signed cheque and stamp papers
Burdon of proof
Cancellation of bail
Cancellation of bail bond/ Forfeiture of bail bond
Capacity to advance loan
Cause of action
Challenge to finding on merit
Charges framed
Cheating
Cheque amount and compensation awarded by Trial Court paid
Cheque amount deposited in court during trial
Cheque amount more than liability
Cheque amount of Rs.4 lacs
Cheque amounting Rs.4,58,000/-
Cheque amounting to Rs.1,30,000/-
Cheque amounting to Rs.1,47,100/-
Cheque amounting to Rs.18 lacs
Cheque amounting to Rs.2,50,000/-
Cheque amounting to Rs.6 lacs
Cheque book issued to another firm
Cheque by husband
Cheque by son
Cheque filled by other
Cheque issued by Company
Cheque issued to discharge existing liability
Cheque not supported by pronote or receipt
Cheque presented two times
Cheque signed by non-account holder
Cheques issued against alleged loss/damages
Chit fund business
Civil and criminal liability
Civil remedy
Closing of cross-examination
Closing of defence
Closing of evidence of complainant
Closure of Bank account
Code of Civil Procedure, 1908 (V of 1908)
Code of Criminal Procedure, 1973 (2 of 1974)
Cognizance by Magistrate
Cognizance stage
Commission agent-Farmers relationship
Common trial
Companies Act, 1956 (1 of 1956)
Company not convicted
Compensation not paid
Complainant himself was under debt
Complainant not accepting the amount
Complaint after second default
Complaint against a person who is not Drawer of Signatory
Complaint against Company/ Director of Company
Complaint by Company
Complaint by Government
Complaint filed Premature
Complaint must be by Payee or the Holder in due Course
Complaint through Attorney/ GPA /General Power of Attorney/ Power of Attorney
Complaint u/s 138 of NI Act
Complaint u/s 138 of NI Act within 15 days of notice of demand
Complaint u/s 138 of the NI Act
Compounding charges reduced from 15% to 10%
Compounding of offence
Compounding of offence after conviction
Compounding of offence without consent of complainant
Compromise
Compromise after 10 years of litigation
Compromise at revisional stage
Compromise in cheque bounce case
Compromise in complaint u/s 138 of NI Act
Compromise/ Settlement after conviction
Compromise/ Settlement between parties
Concurrent running of sentence
Condition of pre-deposit of fine/ compensation
Condonation of delay
Consideration
Consolidation of trial
Constitution of India
Contradiction in demand notice
Conviction by Appellate court
Conviction by High Court
Conviction in 4 cheque bounce cases
Conviction in three complaints u/s 138 of NIAct
Conviction in two complaints u/s 138 of NI Act
Conviction of accused
Conviction of accused by trial court
Conviction u/s 138 of NI Act/ Conviction in cheque bounce case
Corporate debtor
Counsel fees cheque
Creation of doubt is not sufficient
Criminal and Civil liability
Criminal liability
Criminal liability if Cheque by husband
Criminal liability of Director/Executive Director
Cross-examination of complainant
Death of complainant
Debt of Chit fund business
Default sentence undergone
Delay in filing complaint
Delay-in-refiling
Demand Notice/ Demand Notice for payment
Demand of more amount than cheque
Denial of signature
Denial of signature on cheques
Deposit of 20% of compensation amount
Deposit of 25% of the amount of Compensation
Director of Company
Discrepancy in statement of witness
Dismiss in default/ Dismissal of complaint for non-want of prosecution
Dismissal from service
Dismissal of complaint for non-prosecution
Dismissal of premature complaint
Document expert
Double Jeopardy
Drawer of cheque
Duty of complainant
Enquiry/ Inquiry by Magistrate
Evidence of accused by way of affidavit
Evidence of Complainant
Evidence of complainant’s wife
Ex-parte dismissal of appeal
Execution of award/ decree of Lok Adalat in complaint u/s 138 NI Act
Exemption form appearance
Exemption from 15% of Cheque amount
Existing liability
Expert evidence/ Expert-examination
Extension of time
Fiduciary relation
Filling of cheque by drawee
Financial capacity
FIR u/s 174-A IPC
Food adulteration case
Food Safety and Standards Act, 2006 (34 of 2006)
Forgery
Four cheque bounced
Friendly loan amounting to Rs.11,30,000/- to the accused
Friendly loan of Rs. 20 lacs
Friendly loan of Rs. 21 lacs
Friendly loan without receipt
General Clauses Act, 1897 (10 of 1897)
Handwriting expert
Handwritten notice
Hire purchase agreement
Hypothecated vehicle sold by Bank
Illegal activity
Imposition of sentence
Impounding of passport
Incharge of the affairs of the Company
Income Tax Act, 1961 (43 of 1961)
Income tax returns
Indian Contract Act, 1872 (9 of 1872)
Indian Evidence Act, 1872 (1 of 1872)
Indian Penal Code, 1860 (45 of 1860)
Ingredients for criminal liability
Inherent power of High Court
Insolvency and Bankruptcy (Application to Adjudicating Authority) Rules, 2016
Insolvency and Bankruptcy Code, 2016 (31 of 2016)
Interim compensation
Interim deposit of compensation u/s 148 of NI Act
Intermediatory order
Interpretation of Cognizance stage
Interpretation of Section 138 of N.I. Act
Issuance of cheque by client
Issuance of process against Company/Directors
Joint liability/debt
Jurisdiction of Appellate Court
Jurisdiction to prosecute
Justification in closing of evidence
Leave to appeal
Legal Notice with wrong cheques number
Legally enforceable liability/ Legally enforceable debt
Legislative Object
Liability of Director
Liability of Ex-officio Director
Liability to pay amount
Limitation
Loan account
Loan agreement/ Loan transaction
Loan agreement/ transaction
Loan business
Loan by father
Loan of 32 lacs without any receipt or pronote
Loan of Rs. 2 lacs
Loan of Rs. 7 lacs
Loan of Rs15 lacs
Loan of Rs18 lacs
Loan of Rs3 lacs
Loan of Rs8 lacs
Local Surety
Loss of cheque
Maintainability of Appeal before Session Court
Maintainability of Complaint u/s 138 of NI Act
Maintainability of complaint/ Maintainability of complaint u/s 138 of NI Act
Maintainability of petition u/s 482 CrPC
Maintainability of Premature complaint
Maintainability of Revision
Material alteration
Medical Ground for Transfer of complaint
Mens-rea
Misuse of cheque
Money Lending Licence
Money lending license
Moral Turpitude
Moratorium period
Multiple complaints
Multiple complaints for different cheques in one transaction
Natural persons
Nature of evidence
Nature of Revisional power
Nature of transaction
Necessary parties
Negotiable Instruments Act, 1881 (26 of 1881)
No document showing liability
No evidence to rebut the presumption
No such account
Nominated person held guilty
Non signatory to cheque
Non-account holder with drawer
Non-appearance in Trail
Non-appearance of accused
Non-appearance of accused after grant of bail
Non-appearance of complainant
Non-bailable warrant
Non-compliance of 20% deposit of compensation
Non-deposit of compensation/fine
Non-deposit of Interim compensation
Non-dispute of liability
Non-reply of legal notice
Notice returned unclaimed
Notice to drawer
Notice to drawer/Company/ Directors
Notice to each partner
Notice/ Notice demanding payment
Object and purpose of the NI Act
Objective of Section 138 of NI Act
Offence by Company/ Directors
Offence u/s 138 of NI Act
Offence u/s 420 IPC
One legal notice
One more complaint pending
Onus of Proof
Onus to rebut presumption
Opportunity of cross-examination
Opportunity of hearing
Pan Card of complainant
Part payment
Passports Act, 1967 (15 of 1967)
Pay order
Payment of cheque amount
Penal provision
Petition for Winding up of company
Petition u/s 482 CrPC
Plea of Misuse of cheque
Post dated cheque
Post dated security cheque
Postponement of issue of process
Power of Appellate Court
Power of attorney
Power of Magistrate
Pre-condition to deposit 20% of compensation
Pre-mature complaint
Premature complaint
Presentation of Cheque
Presentation of cheque after demand notice
Presumption attached to the cheque/ Presumption for discharge of liability of drawer/ Presumption of commission of crime/ Presumption of consideration/ Presumption of Debt or Liability/ Presumption of discharge of whole or in part liability or any debt/ Presumption of legally enforceable liability/ Presumption of Notice by registered post/ Presumption under section 118 and 139 of NI Act
Presumption u/s 139 of N.I. Act
Principle of acquittal in criminal cases
Probable defence
Probation of Offenders Act, 1958 (20 of 1958)
Probation to convict in cheque bounce case
Procedure of Evidence of Complainant
Proclaimed person/ Proclamation u/s 82 Cr.P.C.
Professional misconduct
Pronote and receipts
Pronote and receipts for Rs 6 lacs
Pronote without consideration
Proof of Pronote and receipt
Proprietorship Firm not made party
Prosecution of Company/ Directors
Prosecution u/s 420 IPC
Prospective in nature
Provision for deposit of 20% in Appeal
Provision for deposit of 20% in complaint
Provision for deposit of 20% in complaint u/s 138 of NI Act
Punishment
Punjab Registration of Money Lenders Act, 1938 (3 of 1938)
Quashing of Complaint / Quashing of complaint under Section 138 of NI Act / Quashing of Complaint by High court
Quashing of complaint on behest of Director
Quashing of FIR under Section 174-A IPC
Quashing of non-bailable warrants
Quashing of Premature complaint
Quashing of summoning order
Re-calling the witness
Re-examination of complainant
Rebuttal evidence by complainant
Rebuttal of presumption
Rebuttal of presumption of legal enforceable liability
Recalling of order after conviction
Recalling of summoning order
Recovery of money under cheque
Rectification of defect
Reduction of sentence
Reduction of sentence to fine, default sentence intact
Refer to Drawer
Refusal of legal notice
Reliance upon judgment of the Court
Remittance of case for passing of sentence
Repayment of loan
Requirement of Statutory notice
Res-judicata
Resignation of Director of company
Restoration of compensation to accused/appellant
Restoration of complaint
Return of complaint
Review of summoning of accused
Review of summoning order
Revision
Revision/ Revisional Court’s Power/ Revisional jurisdiction/ Revisional Power / Revisional Jurisdiction of High Court
Rs. 5 lac payment in cash
Rule of natural justice
Scope of evidence
Second complaint
Second Complaint u/s 138 of NI Act
Second demand notice/ Second statutory notice
Second notice
Security cheque
Security cheque/Security deposit cheque
Self Cheque
Sentence
Sentence already undergone
Sentence and compensation
Sentence for dishonour of cheque amounting to 1.3 lacs
Sentence for dishonour of cheque amounting to 13 lacs
Sentence for dishonour of cheque amounting to 3 lacs
Sentence for dishonour of cheque amounting to 6 lacs
Sentence reduced to 6 months
Sentence to accused
Service of summons
Settlement of dispute
Settling the dispute through mediation
Seven cases u/s 138 of NI Act
SICA proceedings
Sick Industrial Companies (Special Provisions) Act (1 of 1986)
Signature not denied on cheque
Signature on cheque
Signatures on cheque not disputed
Single default in appearance
Singular transaction
Source of fund-income/ Source of advancement of money/ Source of fund for loan
Source of income
Speedy disposal of cases
Standalone liability
Statutory notice
Stop Payment
Striking off evidence of complainant
Subsequent filling of cheque by other
Subsisting debt
Substantive obligation
Substantive sentence
Summary trial
Summon trial
Summoning as additional accused in cheque bounce case
Summoning of accused
Summoning of Clerk/ bank official with records of cheque
Summoning of Directors of the Company
Supreme Court Rules, 2013
Suspension of sentence
Termination of loan agreement
Termination of service
Territorial jurisdiction / Territorial jurisdiction to file complaint/ Territorial jurisdiction to try case
Time barred debt
Transfer of Case/ complaint
Transfer of complaint u/s 138 of NI Act
Transfer to another court
Trial at fag end
Two complaints by different complainants u/s 138 of NI Act
Two views
Validity of Handwritten notice
Validity of Legal Notice with wrong cheques number
Vicarious liability of Deputy General Manager
Vicarious liability of officer/ Director of the Company
Void agreement
Waiver of cost of 15% of cheque amount
Winding up of company
Witness
Wrong date
Wrong date of cheque mentioned in affidavit

Cheque Bounce Cases Digest

Imposition of sentence

Offence u/s 138 of the Act is quasi criminal in nature -- It is not an offence against society and an accused can escape punishment by settling with the complainant -- Thus, while imposing a sentence u/s 138 of the Act, the Court must be alive to the concern of the Legislature in inserting Chapter XVII in the Act and then amending the provisions thereof to make the same more stringent as well as the jurisprudential principles of deterrence and restoration and that the offence is quasi criminal in nature.

(P&H HC) Decided on: 11.08.2020