Section 138 NI Act Archives

Case Briefs Supreme Court (Constitution/Larger Benches)

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

“Such conversion of complaints under Section 138 from summary trial to summons trial has been contributing to the delay in disposal of the cases.”

Case Briefs High Courts

Del HC | Vicarious liability under S. 138 NI Act. What is proper stage of raising defence of absence of knowledge by the accused being held vicariously liable for offence committed by company? Explained

Delhi High Court: Rajnish Bhatnagar, J., held that: “Once a cheque is issued by a person, it must be honored and if

Case Briefs High Courts

Ker HC | Dishonour of cheque shall be proved to the hilt; Adverse inference cannot be drawn under S. 138 of NI Act merely because evidence is not adduced to prove a negative fact

Kerala High Court: K. Haripal, J., addressed the instant complaint instituted by the appellant alleging offence punishable under Section 138 of the

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Insolvency process proceeded without ‘Demand Notice’ being served under S. 8 IBC due to change in ‘registered address’. Does Insolvency and Bankruptcy Code allow to proceed in such circumstances? Read on

National Company Law Appellate Tribunal (NCLAT): The Division Bench of Venugopal M (Judicial Member) and Alok Srivastava (Technical Member) held that a

Op Eds OP. ED.

Decriminalisation of Cheque Dishonour: A Step Forward

by Anunoy Basu* and Shounak Mukhopadhyay**

Case Briefs High Courts

All HC | Summons sent to Director for dishonour of cheque under S. 138 NI Act, without prosecution against the Company. Is it permissible? Court answers

Allahabad High Court: Ravi Nath Tilhari, J., addressed a matter wherein a person being the director of the company signed a cheque

Case Briefs High Courts

Madras HC | If wife issues a cheque to discharge husband’s liability and it gets dishonoured, can the wife be prosecuted under S. 138 NI Act? HC answers

Madras High Court: P.N. Prakash, J., decided a criminal original petition addressing an issue with regard to an offence under Section 138

Case Briefs High Courts

Del HC | How the limitation period for filing S. 138 NI Act complaints is to be calculated? What is the effect of not filing S. 142(1)(b) proviso application? Explained

Delhi High Court: Suresh Kumar Kait, J., reversed the order of the lower court issuing summons against the accused in a case

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 | After complaint is dismissed in default, Court becomes “functus officio” and Judicial Magistrate has no jurisdiction to recall his order and restore complaint; HC decides

Punjab and Haryana High Court: Arun Kumar Tyagi, J., addressed a petition challenging the impugned order of Judicial Magistrate Ist Class of

Case Briefs High Courts

Guj HC | Whether a matter is required to be remanded in order to comply with the principles of natural justice where there has been intermingling of documents; Court explains

Gujarat High Court: R.P. Dholaria, J., allowed an appeal which was filed in order to decide whether a matter can be remanded

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

Case Briefs High Courts

[NI Act]Kar HC | If the complainant produces evidence regarding the transaction as well as dishonour of cheque, is it still necessary to examine the banker to prove the endorsement issued by him? HC decides

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

Case Briefs High Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

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

Madras HC | Can a ‘Non-Executive Director’ who is not responsible for day-to-day affairs of company be made vicariously liable for offence committed by company? Court’s interpretation in light of S. 141 NI Act

Madras High Court: G.K. Ilathiraiyan, J., while addressing the instant matter, observed that, a person who is inducted as the Non-Executive Director of

Case Briefs High Courts

Madras HC | Are Advocates barred from doing money lending business with their clients? Read HC’s opinion in light of SC decision

Madras High Court: G.K. Ilathiraiyan, J., addressed a petition wherein it was reiterated that Advocates are barred from having any business transaction or

Case Briefs High Courts

[Negotiable Instruments Act] Ker HC | What determines commencement of period of presentation is date of cheque and not the date of delivery of cheque

Kerala High Court: A Division Bench of A. Hariprasad and T.V. Anilkumar, JJ., while addressing a review petition, reiterated that the relevant date

Case Briefs High Courts

All HC | Can a complaint filed in light of S. 138 NI Act be dismissed on ground of one day delay? Read Court’s reasoned order

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., held that a complaint made in light of dishonor of cheque filed with a delay