Section 138 NI Act Archives

Does a decree automatically follows when a Metropolitan Magistrate take cognizance of an offence under S. 138 NI Act? Read on

Delhi High Court: Asha Menon, J., decided a matter concerning dishonour of cheque. Petitioner had filed a suit for recovery of Rs

Case Briefs High Courts

Bom HC | For the offence of cheating under Penal Code, 1860, is intention of cheating important from inception? Read on

Bombay High Court: The Division Bench of V.K. Jadhav and Shrikant D. Kulkarni, JJ., observed that, “…in the case of cheating, the

Case Briefs High Courts

All HC reiterates scope of inherent powers to quash a S. 138 NI Act complaint. Imposes exemplary costs for filing petition as an after thought

Allahabad High Court: Dr Kaushal Jayendra Thaker, J., refused to exercise and inherent powers under Section 482 CrPC to quash a complaint

Hot Off The Press News

Converting a complaint under S. 138 NI Act from summary trial to summons trial in exercise of power under S. 143 NI Act; Sufficient and cogent reasons to be recorded | Chh HC issues Practice Directions

Chhattisgarh High Court relied on Supreme Court judgment In re: Expeditious Trial of Cases under Section 138 of Negotiable Instrument Act 1881,

Case Briefs High Courts

Madras HC | Cheque returned with endorsement “drawers signature differs”. If complainant fails to prove accused was not stranger, can he still be prosecuted under S. 138 NI Act? Court answers

Madras High Court: P. Velmurugan, J., addressed a matter revolving around the offence under Section 138 of the Negotiable Instruments Act. A

High Court Round Up Legal RoundUp

High Courts Monthly Round-Up: June, 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of

Case Briefs High Courts

Del HC | Can mere ipse dixit and statement in defence under S. 313 CrPC rebut presumption cast under S. 139 NI Act? Read on

Delhi High Court: Subramonium Prasad, J., addressed a matter with regard to offences under Section 138 of Negotiable Instruments Act, 1881. Instant

Case Briefs High Courts

All HC | Can factum of disputed service of notice in S. 138 NI Act case be adjudicated under S. 482 CrPC? HC elaborates

Allahabad High Court: Vivek Varma, J., held that factum of disputed service of notice requires adjudication on the basis of evidence and

Case Briefs High Courts

All HC | Can complaint under S. 138 NI Act be quashed for failure to disclose date of service of notice? Court says it is a matter of evidence

Allahabad High Court: Vivek Varma, J., refused to quash a complaint case filed under Section 138 NI Act and directed the trial

Case Briefs High Courts

J&K HC | Is ‘mens rea’ an important component to be proved while addressing issues under S. 138 NI Act? Explained

Jammu and Kashmir High Court, Srinagar: Sanjeev Kumar, J., while addressing a matter in respect to Section 138 NI Act, stated that

Case Briefs High Courts

Guj HC | Can offence under S. 138 NI Act compounded even after accused is convicted and sentenced to imprisonment? Read HC’s ruling

Gujarat High Court: Vaibhavi D. Nanavati, J., compounded an offence under Section 138 of the Negotiable Instruments Act and set aside the

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