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Advocate. Arunagiri (Advocate High Court Madras.)     03 April 2010

cheque bounce case and civil court injunction

X issued a cheque to Y, which got bounced. Criminal case initiated asper 138 of NI Act. While the criminal case is pending X initiated and latter obtained Mandatory injunction against the use of the cheque. Whether it is maintainable in the light of 41D of the Specific relief Act. Any citations available from Supreme Court. I have seen a judgement of Delhi High Court Ref. Atul Kumar Singh v. Jalveen Rosha AIR 2000 Del 38. Any citations available from Supreme Court. Arunagiri Advocate 



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 8 Replies

H. S. Thukral (Lawyer)     03 April 2010

Dear Mr. Giri

Please also refer to DHC , DB judgment in  Anuj Trading Co 2007 (138)DLT95, which refers a SC judgment 2005 (10) SCC 626,. It will definitely help you.

Advocate. Arunagiri (Advocate High Court Madras.)     04 April 2010

Dear Mr.Singh,

Thanks for the reply. I have already gone through both the judgmentents. They are related to granting of injunction while a 138 case is pendng. My case is,  the injunction is already granted, while the 138 case is pending Even though it is against 41D of Specific Relief Act, the lower court had illegaly / erroneously granted injunction. Under this circumstances, can you please suggest me any other authorities. It is a live case pending in Criminal Appeal.

H. S. Thukral (Lawyer)     08 April 2010

Injunction is against the use of cheque.(?)  Criminal proceeding which have already been initiated can not be stayed. If it is of help to you then there are cases under tthe Comapany Law where the employer initiated criminal proceedings against the employee for not vacating the accomadation provided to him by the company. The employee moved against the employer in civil court and took injunction on dispossession. Criminal proceedings were not stayed. 

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     25 May 2010

You have to give complete details about the circumstances of injunction.

In my opinion it is the smart move and perfectly legal.Even counter criminal case can be filed for cheating , forgery and cheating . Becuase in most of the cases cheques are taken under certain promises and which are not honoured.

Law does not work on set formulas and there can not be citation or provision of law for every probability.

In most of the cases holder of cheque feels no body can stop him , no at all. Just read the complaint, notice and documents in any NI 138 case and you will find number of contradictions and illigalities.

Few advocates bother to help the accused on the other hand terrorise him that since he has issued cheque there is no way out. The read test of an advocate is in defense.

Advocate. Arunagiri (Advocate High Court Madras.)     09 June 2010

It is true that some the accused are delaying the NI 138 cases by using various tactics. One among them is a civil case. Even when the s.41D of the Specific relief act prohits any injunction by a civil court against a criminal case, the civil courts are granting these types of injunctions.

When we initiate 420 ipc on them the high courts quashes the same. The real intention of the 138 amendment has not been achieved.
 

ganeshram gupta (prop)     29 July 2012

sir

   my 4 blank signed  papers have been passed in trust to a miscrant. for  2 papers i g\have been facing criminal case for blank filled papers seeking several money . for rest 2 papers , i am facing civil case.

 how can attached both cases or should be get help from high court or should i lodge fresh case for cheating in all 4 papers. pl guide.   

Srinivas Murthy (Professor)     30 July 2012

Delhi Court Judgement will certainly of help. Even Banks were doing such frauds.

https://www.indianexpress.com/news/no-leniency-in-cheque-bounce-cases-court/966939/


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