The Supreme Court recently set aside a judgment of the High Court which allowed a complainant in a cheque dishonour case to amend the date of the cheque mentioned in the complaint.The Supreme Court.
In the present scenario, the complainant gets arbitrary power to ask for an amount which is much higher than the cheque amount and the applicable interest on it.
The Court also held that if no date of service was mentioned in the complaint under NI Act, it can be presumed that notice was served within ten days from the date of its dispatch through post.
In a complaint under Section 138 of the Negotiable Instruments Act, if the accused is disputing the signature on the cheque, then the certified copies of the signatures from the bank could be summoned.
Finding the demand raised in a notice issued under Section 138 of the Negotiable Instruments Act, 1881, to be omnibus in nature, the Supreme Court quashed a criminal case for the dishonour of a.