NI Act Archives

[NI Act] Kar HC | In a case where both the complainant and the accused remained continuously absent, Court ought to have “dismissed the complaint for non prosecution under S. 256 CrPC and not on merits”

Karnataka High Court: John Michael Cunha J., allowed the appeal and set aside the impugned judgment. The case involves default under Section

Case Briefs High Courts

Tri HC | What is the purpose of a serving a ‘Statutory Notice’ under Negotiable Instruments Act? Detailed analysis of significance of ‘Statutory Presumption’

Tripura High Court: S.G. Chattopadhyay, J., highlights the essence of the provisions of Negotiable Instruments Act, in light of the object of a

Case Briefs High Courts

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

Himachal Pradesh High Court: Anoop Chitkara, J., setting aside the conviction against the petitioner, discussed the effect of compromise between the parties

Case Briefs High Courts

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Allahabad High Court: While deciding a petition filed under Article 227 of the Constitution of India, Suresh Kumar Gupta, J., dismissed the

OP. ED.SCC Journal Section Archives

A complaint is not to be dismissed under Section 256 CrPC for non-appearance of the complainant due to unavoidable circumstances

Himachal Pradesh High Court: A Single Judge Bench comprising of Chander Bhushan Barowalia, J. allowed a criminal appeal filed under Section 378

SCC Times

NI Act

[NI Act] Kar HC | In a case where both the complainant and the accused remained continuously absent, Court ought to have “dismissed the complaint for non prosecution under S. 256 CrPC and not on merits”

Tri HC | What is the purpose of a serving a ‘Statutory Notice’ under Negotiable Instruments Act? Detailed analysis of significance of ‘Statutory Presumption’

HP HC | Legislative intent of NI Act, 1881 is not to send the people to suffer incarceration but to execute recovery of cheque amount by showing teeth of penalty loss; conviction set aside

All HC | Principle contained in S. 141 of NI Act is not applicable to a sole-proprietary concern, firm need not be arraigned as an accused while making a claim for recovery under S. 138 of the NI Act

Cheque Proceedings Against a Company During Insolvency Proceedings – A Legal Complication [SCC Archives]

Liability under Section 68 of FERA, 1973 depends on the role a person plays in the company and not the designation

Section 69(2) of Partnership Act does not bar unregistered firm from filing suit under NI Act

A complaint is not to be dismissed under Section 256 CrPC for non-appearance of the complainant due to unavoidable circumstances