Negotiable Instruments Act
SCC Snippets| Dishonour of Cheque: Principles relating to presumption under Section 139 NI Act
The bench of Ashok Bhushan* and KM Joseph, JJ, in Basalingappa v. Mudibasappa (2019) 5 SCC 418, lucidly summarized the following principles relating to the
For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides
Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording
All HC | Can complaint under S. 138 NI Act be quashed for failure to disclose date of service of notice? Court says it is a matter of evidence
Allahabad High Court: Vivek Varma, J., refused to quash a complaint case filed under Section 138 NI Act and directed the trial
No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court
“Such conversion of complaints under Section 138 from summary trial to summons trial has been contributing to the delay in disposal of the cases.”
Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge by the accused being held vicariously liable for offence committed by company? Explained
Delhi High Court: Rajnish Bhatnagar, J., held that: “Once a cheque is issued by a person, it must be honored and if
Del HC | Onus to prove that there is non-existence of debt is on whom under NI Act? Read the purpose of S. 118 NI Act
Delhi High Court: Subramonium Prasad, J., addressed a matter wherein it was reiterated that the initial burden of proving the burden of
2020 Wrap-Up — 22 Notable rulings by High Courts on Negotiable Instruments Act
And, that’s a wrap! Here’s the list of our coverage on Negotiable Instruments Act in the year 2020. [Allahabad High Court] All
Notice issued to Centre, RBI and the likes over need for expeditious disposal of trials under Section 138 of Negotiable Instruments Act
Supreme Court: Taking suo motu cognizance of the issue relating to the expeditious trial of cases under Section 138 of Negotiable Instruments
P&H HC | Accused facing trial under Negotiable Instrument Act not competent to file an affidavit for evidence
Punjab & Haryana High Court: Surinder Gupta, J. dismissed a petition dealing with the question whether accused under Negotiable Instruments Act, 1881
Dishonour of Cheque [S. 138 NI Act and allied sections]
by Tejaswi Pandit†
Petition under Sections 433(e) and 434(a) of Companies Act admitted on failure of any bona fide ground for non-payment of dues
Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J., admitted a petition filed for winding up of respondent company.
Only prima facie satisfaction about existence of material required to summon the accused
Allahabad High Court: A Single Judge Bench comprising of Karuna Nand Bajpayee, J. declined to quash the order passed by the Judicial
S. 147 of NI Act gives power to the court to accept settlement and quash the conviction
Himachal Pradesh High Court: A Single Judge Bench comprising of Tarlok Singh Chauhan, J., decided a criminal petition filed for quashing the
Accused under S. 138 of NI Act acquitted on grounds of limitation
Karnataka High Court: A Single Judge Bench comprising of K. Somashekar, J., decided a criminal appeal, wherein order of acquittal of the
Presence of a legally recoverable debt at the time of issuing cheque is a necessity for an action under S. 138 NI Act
Karnataka High Court: A Single Judge Bench comprising of K. Somashekar, J., decided a criminal appeal filed under Section 378(4) CrPC, wherein
Offence under S. 138 NIA to be compounded upon agreement to that effect between parties, subject to conditions
Delhi High Court: A Single Judge Bench of the Delhi High Court comprising of Sanjeev Sachdeva, J., disposed of a petition seeking
Cheques sent to handwriting expert to allow accused to prove his defence
Orissa High Court: A petition under Section 482 of CrPC was decided by a Single Judge Bench comprising of S.K. Sahoo, J.,
If signatures not disputed, it is to be presumed that cheque has been issued in discharge of debt or liability
Punjab and Haryana High Court: The High Court in a recent matter concerning S. 138 of Negotiable Instruments Act held that when
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,