dishonour of cheque

Case BriefsHigh Courts

Bom HC | S. 139 NI Act imposes evidentiary burden and not a persuasive burden; acquittal upheld where complainant failed to prove capacity to give loan

Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the trial court whereby it had acquitted the

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Top Blog Posts for the Year 2019!

by Devika Sharma†

Case BriefsHigh Courts

Madras HC | S. 142(2) of Negotiable Instruments Amendment Act, 2015 — not ultra vires of Art. 14 of Constitution; Legislation can take away the basis of a Judgment

Madras High Court: A Division Bench of A.P. Sahi, CJ and Subramonium Prasad, J., while deciding a petition filed in regard to

Case BriefsHigh Courts

Bom HC | S. 143-A NI Act not available where complaint filed before the provision came into force, restated

Bombay High Court: Vibha Kankanwadi, J., dismissed a writ petition filed against the order of the Sessions Judge whereby he had reversed the

Case BriefsHigh Courts

Bom HC | The day on which accused refused to accept the demand notice is to be excluded while counting the 15 days period contemplated under S. 138(c) NI Act

Bombay High Court: Vibha Kankanwadi, J., while allowing a writ petition, quashed a complaint under Section 138 of the Negotiable Instruments Act, 1881,

Case BriefsHigh Courts

Ker HC | Acquittal from offence under S. 138 NI Act upheld where cheque not drawn on account maintained by the accused

Kerala High Court: R. Narayana Pisharadi, J. rejected this petition in which the petitioner prayed to file an appeal against the judgment

Case BriefsHigh Courts

Del HC | S. 138 NI Act; EPF society facilitating purchase of houses on behalf of its members held not liable for dishonour of cheques issued to the builder

Delhi High Court: Suresh Kumar Kait, J., allowed a petition wherein directions were sought for quashing the complaint case filed against the petitioner

Case BriefsHigh Courts

Bom HC | Dishonour of a cheque issued as a mere guarantee does not attract punishment under S. 138 NI Act

Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the trial court whereby the accused was acquitted

Case BriefsHigh Courts

Del HC | Closure of bank account of accused prior to issuing of cheque is a matter for trial; taking of cognizance under S. 138 NI Act sustained

Delhi High Court: Anu Malhotra, J. dismissed a petition filed against the order of the trial court whereby the petitioner was summoned on

Case BriefsHigh Courts

HP HC | Contemnor discharged under S. 138 NI Act because of inability to pay the amount of compensation as already completed the duration of imprisonment

Himachal Pradesh High Court: Sandeep Sharma, J. contemplated the petition filed under Section 12 of Contempt of Courts Act, where the petitioner

Case BriefsHigh Courts

Bom HC | Director who resigned before issuing of cheques held not liable under S. 138 r/w S. 141 of NI Act for dishonour thereof

Bombay High Court: S.S. Shinde, J. allowed a criminal application filed against the order of the Magistrate whereby he rejected the application filed

Case BriefsHigh Courts

Del HC | Complaint under S. 138 NI Act dismissed for non-prosecution restored considering that clerk of complainant’s counsel noted wrong date

Delhi High Court: Mukta Gupta, J. allowed a petition filed against the order of the trial Judge whereby the petitioner’s complaint filed for

Case BriefsHigh Courts

Del HC | Summons issued under S. 138 NI Act quashed in absence of necessary averments in the complaint

Delhi High Court: Sunil Gaur, J. allowed a petition filed against the order of the trial court whereby it had passed summoning orders

Case BriefsHigh Courts

Bom HC | Question whether complaint under S. 138 NI Act filed within limitation period is to be considered at trial; quashing of issue of process denied

Bombay High Court: S.S Shinde, J. dismissed a criminal application filed against the order of a Judicial Magistrate thereby issuing process against the

Case BriefsHigh Courts

Bom HC | Magistrate is empowered to make order under S. 143-A of NI Act even when plea of not guilty recorded by Advocate and not by accused himself

Bombay High Court: S.S. Shinde, J. dismissed a writ petition filed against the order of the Magistrate who had directed the petitioner to

Case BriefsHigh Courts

Bom HC | Statutory disability to prosecute accused under S. 138 of NI Act is not removed by enforcement of SICA Repeal Act

Bombay High Court: Rohit B. Deo, J. allowed a petition filed against the order of the trial court whereby it had issued process

Case BriefsHigh Courts

HP HC | S. 138 NI Act offence compounded as accused agrees to pay the amount 

Himachal Pradesh High Court: Vivek Singh Thakur, J. disposed of a petition relating to dishonour of cheques wherein the petitioner wilfully confessed

Case BriefsHigh Courts

Del HC | Computer-generated ledger statement inadmissible in evidence for proving liability under S.138 NI Act, if not accompanied by certificate under S.65-B of Evidence Act

Delhi High Court: Mukta Gupta, J. dismissed a petition filed against the order of the Metropolitan Magistrate, holding that the petitioner was unable

Case BriefsHigh Courts

Bom HC | It is onerous duty on litigant to prosecute complaint diligently; costs imposed on complainant for failure to serve non-applicants

Bombay High Court: V.M. Deshpande, J. dismissed an appeal filed against the order of the trial judge whereby he rejected the appellant’s application

Case BriefsHigh Courts

Bom HC | Advisable that Appellate Court imposes condition of depositing compensation amount on appellant when suspending sentence awarded under S. 138 NI Act

Bombay High Court: K.K. Sonawane, J. dismissed a criminal application filed under Section 432 CrPC seeking relief of quashing the order passed by