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SANDEEP MOUDGIL
Stone Export House P. ltd. – Appellant
Versus
Taj Exports – Respondent
| Table of Content |
|---|
| 1. petitioners seek restoration of dismissed petition. (Para 1 , 2 , 3 , 4 , 5) |
| 2. respondent's actions deemed false by petitioners. (Para 6 , 7) |
| 3. respondent claims petitioners evading court. (Para 9 , 10) |
| 4. petitioners alleged habitual offenders. (Para 11 , 12) |
| 5. clarification on cheque dishonor requirements. (Para 18 , 20) |
| 6. consolidation of complaints for efficiency. (Para 21 , 22 , 29) |
| 7. court allows clubbing of cases upon petitioner's appearance. (Para 30 , 33 , 34 , 35) |
JUDGMENT
Sandeep Moudgil, J.
CRM-32559-2022
This application has been filed by the applicant/petitioners seeking revival/restoration of the main petition which was dismissed for non-prosecution by this Court vide order dated 18.08.2022 on the ground that the applicant/petitioners have not complied with the order dated 05.03.2020 vide which, this Court directed the applicant/petitioners to file an affidavit disclosing as to how many complaints under section 138 of Negotiable Instruments Act, or cheating and fraud etc. have been filed against them in the entire country.
It is submitted that the affidavit was ready and affirmed on 10.07.2020 but due to lockdown and pandemic situation, and also that t
A single complaint for dishonour of multiple cheques is maintainable under Section 138 of the NI Act if they arise from a single transaction, and account blockage does not exempt liability.
The court can allow the clubbing of complaint cases related to dishonoured cheques issued within a span of two months to satisfy a common liability arising from a transaction, based on Cr.P.C. provis....
Joint prosecution for multiple cheque dishonours is permissible if they arise from a single transaction under the Negotiable Instruments Act and may be tried together as per the Code of Criminal Proc....
Point of law : While quashing the complaint, the High Court did not keep in view that untii the accused discharges his burden the presumption under Section 13S of the N.I.Act will continue to remain.....
A single complaint for the dishonor of multiple cheques issued in one transaction is maintainable under the NI Act, despite the provisions of the CrPC.
A single complaint for dishonour of multiple cheques is maintainable if a consolidated notice of demand is served, as they constitute one offence upon failure to pay.
Endorsement of part-payments on cheques is essential for them to represent a legally enforceable debt under Section 138 of the Negotiable Instruments Act; otherwise, dishonor does not constitute an o....
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