Section 138 Negotiable Instruments Act Archives

Insolvency proceedings no shield for Directors in cheque dishonour cases under S. 138 NI Act: Orissa HC

“On the request of the petitioner, the complainant waited and represented the cheque through its banker, but once again it got dishonoured with the same remark – refer to drawer.”

Cases Reported SCC Archives

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

Case Briefs High Courts

Del HC | Leave to defend in recovery suit claimed through cheque granted in light of vital issue of case being a sham, even though no plea raised in affidavit for the leave

Delhi High Court: Rekha Palli, J., without expressing any opinion on merits of the case, allowed an appeal filed by the appellant who

Case Briefs High 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 Briefs High 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

Case Briefs High Courts

Bom HC | Simple handing-over of cheque does not make a person liable for a S. 138 NI Act offence

Bombay High Court: C.V. Bhadang, J., set aside an order passed by the Magistrate whereby process was issued against the petitioner for an offence