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dishonour of cheque

Case BriefsHigh Courts

Tri HC | Purpose of demand notice under S. 138 NI Act – not to demand payment, but to inform the party of broken contract and liability to pay

Tripura High Court: The Bench of Arindam Lodh, J. allowed a revision petition under Section 397 read with Section 401 of Code

Published on May 8, 2019May 9, 2019By Bhumika Indulia
Leave a comment7174 views
Law made Easy

Dishonour of Cheque [S. 138 NI Act and allied sections]

by Tejaswi Pandit†

Published on May 7, 2019November 28, 2020By Bhumika Indulia
35 Comments133321 views
Case BriefsHigh Courts

Del HC | Import of S. 9 NI Act defining ‘holder in due course’ cannot be pre-judged; petition for quashing cheque dishonour complaint dismissed

Delhi High Court: Sunil Gaur, J. dismissed a petition seeking quashing of a complaint filed under Section 138 (dishonour of cheque) of the Negotiable Instruments

Published on May 3, 2019May 10, 2019By Bhumika Indulia
Leave a comment5319 views
Case BriefsHigh Courts

Madras HC | Presumption under S. 139 NI Act not available in case of principal-agent relationship between accused and complainant

Madras High Court: G. Jayachandran, J., dismissed an appeal directed against the judgment of the first Appellate Court whereby it had reversed the

Published on March 28, 2019March 30, 2019By Bhumika Indulia
Leave a comment4987 views
Case BriefsHigh Courts

Del HC | Conviction for S. 138 NI Act offence reversed where complainant incapable of extending the subject loan

Delhi High Court: Sanjeev Sachdeva, J., dismissed a petition assailing the Appellate Court’s order whereby it had set aside the judgment of conviction

Published on March 18, 2019March 26, 2019By Bhumika Indulia
1 Comment9008 views
Case BriefsHigh Courts

Cal HC | Authorised signatory not to be prosecuted under S. 138 NI Act if the company not arraigned as accused

Calcutta High Court: Asha Arora, J., allowed a criminal revision petition filed against the order of conviction and sentence awarded to the petitioners

Published on March 13, 2019March 16, 2019By Bhumika Indulia
Leave a comment10531 views
Case BriefsHigh Courts

Del HC | No vicarious liability on ‘Non-Executive Nominee Director’ for dishonour of cheque unless he is shown to be at company’s helm of affairs

Delhi High Court: The Bench of R.K. Gauba, J. interfered with the impugned order passed by Metropolitan Magistrate and quashed the summon issued

Published on February 2, 2019February 4, 2019By Bhumika Indulia
Leave a comment4970 views
Case BriefsHigh Courts

Del HC | Court refuses to exercise jurisdiction under S. 482 CrPC where notice under S. 251 already framed

Delhi High Court: The Bench of Sunil Gaur, J. refused to invoke the inherent extraordinary jurisdiction of the High Court under Section 482

Published on January 28, 2019February 2, 2019By Bhumika Indulia
Leave a comment3168 views
Case BriefsHigh Courts

Madras HC | Unlawful for holder of cheque to fill date and amount in blank cheque beyond knowledge of accused; execution of cheque explained

Madras High Court: The Bench of M.V. Muralidharan, J. upheld the order of respondent’s acquittal for an offence punishable under Section 138 of

Published on January 28, 2019January 30, 2019By Bhumika Indulia
1 Comment10183 views
Case BriefsHigh Courts

Del HC | Independent directors can be summoned in S. 138 NI Act complaint on allegation of responsibility for day-to-day functions of accused company

Delhi High Court: The Bench of Sunil Gaur, J. held that the trial court did not commit any error while summoning the petitioners

Published on January 22, 2019January 24, 2019By Bhumika Indulia
Leave a comment4598 views
Case BriefsHigh Courts

Only drawer of cheque can be made an acccused in proceedings for dishonour of cheque

Gujarat High Court: A Bench comprising of J.B. Pardiwala, J. has directed quashing of criminal proceedings against the applicant and co-accused husband,

Published on May 6, 2017May 11, 2017By Saba
Leave a comment9324 views
Case BriefsSupreme Court

Dishonour of Post-dated cheque for discharge of existing liability is covered by Section 138 of the Negotiable Instruments Act, 1881

Supreme Court: In the matter where the question as to whether the dishonour of a post-dated cheque given for repayment of loan

Published on September 20, 2016December 8, 2016By Prachi Bhardwaj
Leave a comment12296 views
Supreme Court

Director’s liability in case of dishonour of cheque discussed

Supreme Court: In the present appeal, under special leave, against the decision of the Bombay High Court which rejected the petition of

Published on December 29, 2014October 14, 2015By Sucheta
1 Comment7229 views
Supreme Court

Mere “bald assertion” not to be made against Directors in case of dishonour of cheque

Supreme Court: While deciding as to whether mere “bald assertion” under Section 138 read with Section 141 of the Negotiable Instruments Act,

Published on November 12, 2014October 14, 2015By Sucheta
Leave a comment3479 views

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