Section 138 Negotiable Instruments Act 1881

Acquittal in Section 138 NI Act reversed dishonour
Case BriefsDistrict Court

“Acquittal in cheque dishonour case was set aside on the grounds that mere clerical discrepancies in the actual amount due and the amount mentioned in the demand notice under Section 138 proviso (b) NI Act do not negate the existence of a legally enforceable liability and mere denial is not enough to rebut the presumption under Section 139.”

S. 138 NI Act action against directors
Case BriefsHigh Courts

“It made no difference whether the NI Act proceedings were initiated prior to initiation of IBC proceeding or thereafter as it was a settled principle that natural persons could not escape from their personal liability under Section 138 of the NI Act.”

Occasional absence on court hearing dates
Case BriefsHigh Courts

“Considering the reasons mentioned by the appellant for his absence, that he was under impression that the Court clerk would give him the date for which he had requested, is a sufficient explanation to interfere in the order of dismissal for non-prosecution.”