NI Act Archives

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”

Case Briefs Supreme Court

Can accused be tried under NI Act as well as under IPC on similar set of allegations or will it amount to double jeopardy? Larger SC bench to decide

Supreme Court: The bench of SA Nazeer and JK Maheshwari*, JJ has called upon a larger bench to decide if on similar

Case Briefs Supreme Court

Right to cross-examination cannot be denied as a punishment for failure to deposit interim compensation under Section 143A NI Act: Supreme Court

Supreme Court: In a case where an offender under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) was denied the

Case Briefs High Courts

Whether concurrent prosecutions under S. 138, NI Act and S. 420, IPC, will amount to double jeopardy? J&K and Ladakh HC analyses

Jammu and Kashmir and Ladakh High Court: While deciding the instant petitions, the question that came up before that Court

Case Briefs High Courts

Allahabad High Court | Sections 4 & 5 CrPC only applicable to proceedings under Special Acts; not when criminal jurisdiction is invoked

Allahabad High Court: The Division Bench of Dr. Kaushal Jayendra Thaker and Gautam Chowdhary, JJ. dismissed a petition which was filed praying

Case Briefs Supreme Court

Dishonour of cheque| Partner cannot be held to be vicariously liable when partnership firm is not tried as primary offender: SC

Supreme Court: Explaining the law on vicarious liability under the Negotiable Instruments Act, 1881, the bench of Ajay Rastogi and Sanjiv Khanna*,

Case Briefs High Courts

Obligation of Thumb Impression and Signature, both, for a Pro-Note under Negotiable Instruments Act: Mandatory or Not? Read Madras HC’s verdict

Madras High Court: Teekaa Raman, J., observed that there is no mandatory provision under the Negotiable Instruments Act that both the signature

Case Briefs High Courts

Ori HC considers whether any difference exists between a case where default is committed and prosecution immediately launched and where prosecution is deferred till cheque presented again gets dishonored for second or successive time?

Orissa High Court: R K Pattnaik, J. dismissed the petition and held that the ground on which the petition is raised is

Case Briefs High Courts

Whether dishonour of cheques could have only given a cause of action to register an FIR for an offence under S. 420 IPC? MP HC answers

Madhya Pradesh High Court: Atul Sreedharan, J. allowed a petition which was filed for quashing of Crime which was registered for an

Case Briefs High Courts

[NI Act] Kar HC decides contours of law in a classic case where cash of Rs 2 crore was borrowed as hand loan and a cheque obtained for the repayment of the same got dishonoured

Karnataka High Court: M. Nagaprasanna, J. allowed the petition and quashed the impugned order regarding attachment of property and auction notification. The

Case Briefs Supreme Court

Explained| Section 138 NI Act: Is the ‘debt incurred after the drawing of the cheque but before its encashment’ excluded from ‘debt or any other liability’?

Supreme Court: Explaining the scope of the term ‘debt or any other liability’ under Section 138 of the NI Act, the bench

Case Briefs High Courts

J&K and Ladakh HC | Dishonour of cheque; HC advices Criminal Courts to impose fine equivalent to amount of cheque plus at least 6% interest per annum

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the sentence of fine under Section 138 of N.I.Act must

Case Briefs High Courts

Ker HC | Absence of salutation like M/s, Mr or Miss while drawing a cheque is immaterial for offence under S. 138 of NI Act; HC sets aside the acquittal, directs Trial Court to re-address the issue

Kerala High Court: Gopinath P., J., held that adding or omitting prefix like M/s, Mr And Mrs. while drawing the cheque is

Case Briefs Supreme Court

Section 138 NI Act| Once settlement has been entered into, the complainant cannot pursue the original complaint: Supreme Court

The settlement agreement subsumes the original complaint.

Case Briefs High Courts

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

Case Briefs Supreme Court

‘Section 138 NI Act proceeding a “civil sheep” in a “criminal wolf’s” clothing’; quasi criminal proceedings against corporate debtor covered under Section 14(1)(a) IBC : SC

“A Section 138 proceeding can be said to be a “civil sheep” in a “criminal wolf’s” clothing, as it is the interest of the victim that is sought to be protected, the larger interest of the State being subsumed in the victim alone moving a court in cheque bouncing cases.”

Case Briefs Supreme Court

Is issuance of blank cheque and signed blank stamp paper sufficient to attract presumption under S. 139 of NI Act? Supreme Court answers

Supreme Court: The 3-Judge Bench comprising of N.V. Ramana, Surya Kant* and Aniruddha Bose, JJ., upheld the judgement of High Court of

Case Briefs High Courts

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

Case Briefs High Courts

P&H HC | Is there any provision of Negotiable Instruments Act that refers to any pre-condition for availing a valuable right of first appeal? HC elaborates

Punjab and Haryana High Court: Gurvinder Singh Gill, J., observed that, Right to appeal against conviction is an invaluable statutory right vested upon

High Court Round Up Legal RoundUp

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