Section 138 NI Act
Cheque for Time-Barred Debt Revives Enforceability Under S. 25(3) Contract Act; Dishonour attracts Section 138 NI Act: Rajasthan High Court
“A meaningful reading of Sections 20, 118 and 139 of the NI Act makes it clear that a person who signs a cheque and delivers it to the payee remains liable unless he successfully rebuts the statutory presumptions.”
Xerox copy of lost cheque admissible as secondary evidence under S. 65 Evidence Act if original was verified: Madras High Court
“If the original document is lost or destroyed, detained by the opponent, or third person, who does not produce it before the Court or physically irrecoverable, the secondary evidence is admissible”.
‘Amendments to complaints permissible after cognizance if no prejudice is caused to accused’; Supreme Court allows amendment in S.138 NI Act complaint
“Procedure, it is said, is only a handmaiden and not a mistress of justice. However, the said adage has been followed only in the breach in this case. A simple issue of an amendment to a complaint has held up a trial under Section 138 of the Negotiable Instruments Act, 1881 for the last nearly two years.”
Rajasthan High Court: Justice should not be compromised by procedural lapses and negligence attributable to counsel
“An appeal against an order of conviction cannot be dismissed in default but must be taken up and decided on merits even if the appellant in person or the counsel representing him is not present.”
Can Section 138 NI Act proceedings be quashed against former director of company, suspended from his position on appointment of IRP? SC answers
The immunity granted by the moratorium order issued under Section 14 of the IBC can only be obtained by a corporate debtor and not by a natural person such as the present accused, who was the Director of the corporate debtor.
Can a complaint under S. 138 of N.I. Act be transferred from one Court to other for lack of territorial jurisdiction of Court? SC answers
For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
Rajasthan High Court clubs multiple FIRs in financial mismanagement allegations against Creative Credit Cooperative Society
“Clubbing of the FIRs will reduce the financial drain on the state exchequer as well as cut down the administrative burden, especially given that all the cases arise out of same or similar cause.”
CrPC bars review power under Sections 362 & 397(3); Rajasthan High Court dismisses petition as de facto review attempt
The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.
Proclamation u/s 82 CrPC to be issued after due satisfaction of Court that person is deliberately avoiding proceedings: Allahabad High Court
“Investigating Agency seeks proclamation order from the court concerned so as to exert the pressure upon the person concerned and the court concerned without taking care of specific procedure issues proclamation under Sections 82/83 CrPC in a cursory and mechanical manner.”
When can an application for Handwriting Expert’s Opinion in Cheque Dishonour Case be rejected? Supreme Court explains
The Supreme Court was called upon to decide whether the appellant Court was right in rejecting the application of the accused seeking opinion of the handwriting expert in Cheque Dishonour case.
Explained | Supreme Court verdict on principles relating to presumption and evidential burden under Ss. 138 & 139 of NI Act
“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”
Section 138 NI Act| Conviction cannot be confirmed once parties enter into MoU for amicable settlement of dispute: Supreme Court
The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.
Explained| Dishonour of Cheques: Can non-executive Directors of the accused company be held vicariously liable under Section 141 NI Act?
Supreme Court: In an appeal against a judgment passed by the Calcutta High Court dismissing the Criminal Revision Application filed
Karnataka High Court| Magistrates to consider ‘conduct of Accused’ while deciding application for interim compensation in Cheque dishonour cases
Karnataka High Court: M. Nagarprasanna J. allowed a petition filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) seeking quashing of
Presumption against signatory of a Cheque, Plea of lost cheque to be proved at trial: Del HC refuse quashing of summoning order for S. 138 NI Act offence
Delhi High Court: Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed
A blank cheque leaf voluntarily signed and handed over towards some payment: Would it attract presumption under S. 139 NI Act in absence of cogent evidence? Dwarka Courts explains
Dwarka Courts, New Delhi: Deeksha Sethi, MM (NI Act)—06, reiterated that, even a blank cheque leaf, voluntarily signed and handed over by
Liability of Guarantor for Cheque Dishonour: Can lender enforce his right against either principal borrower or his guarantor? Dwarka Courts answers
Dwarka Courts, Delhi: Rahul Jain, Metropolitan Magistrate, while addressing a matter regarding dishonour of cheque, held that mere assertion of non-receipt of
Law on S. 146 NI Act | Bank’s slip denoting cheque has been dishonoured: A prima facie evidence? Explained by Tis Hazari Courts
Tis Hazari Courts, New Delhi: While addressing a decision revolving around Section 138 of Negotiable Instruments Act, 1881, Sanjay Sharma-II, Additional Sessions
When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC
Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible