Bom HC | Dishonour of a cheque issued as a mere guarantee does not attract punishment under S. 138 NI Act
Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the trial court whereby the accused was acquitted
Section 138 NI Act
Del HC | Limitation provided under S. 468 CrPC not applicable to S. 138 NI Act
Delhi High Court: Suresh Kumar Kait, J., dismissed a criminal petition wherein the petitioner sought quashing of the summoning order passed by the
Del HC | Closure of bank account of accused prior to issuing of cheque is a matter for trial; taking of cognizance under S. 138 NI Act sustained
Delhi High Court: Anu Malhotra, J. dismissed a petition filed against the order of the trial court whereby the petitioner was summoned on
Bom HC | Interference with issuance of process under S. 138 read with S. 141 NI Act declined where Directors had resigned, but the resignation was not approved
Bombay High Court: S.S. Shinde, J. refused to interfere with the order of the Magistrate whereby process was issued against the applicants (directors
Del HC | Complaint under S. 138 NI Act dismissed for non-prosecution restored considering that clerk of complainant’s counsel noted wrong date
Delhi High Court: Mukta Gupta, J. allowed a petition filed against the order of the trial Judge whereby the petitioner’s complaint filed for
Ker HC | ‘Trust’ is an ‘obligation annexed to ownership of property’ – cannot be prosecuted under NI Act as it is neither a body corporate nor an association of individuals
Kerala High Court: B Sudheendra Kumar, J. allowed the petition and quashed the complaint and further proceedings against the petitioners which were
Del HC | Summons issued under S. 138 NI Act quashed in absence of necessary averments in the complaint
Delhi High Court: Sunil Gaur, J. allowed a petition filed against the order of the trial court whereby it had passed summoning orders
Bom HC | Question whether complaint under S. 138 NI Act filed within limitation period is to be considered at trial; quashing of issue of process denied
Bombay High Court: S.S Shinde, J. dismissed a criminal application filed against the order of a Judicial Magistrate thereby issuing process against the
Ker HC | Service of notice of demand for the cheque amount is condition precedent for filing a complaint about offence under S. 138 of NI Act
Kerala High Court: R. Narayana Pisharadi, J. dismissed a petition seeking to quash a complaint filed under Section 142 of the Negotiable
Bom HC | Magistrate is empowered to make order under S. 143-A of NI Act even when plea of not guilty recorded by Advocate and not by accused himself
Bombay High Court: S.S. Shinde, J. dismissed a writ petition filed against the order of the Magistrate who had directed the petitioner to
Bom HC | Statutory disability to prosecute accused under S. 138 of NI Act is not removed by enforcement of SICA Repeal Act
Bombay High Court: Rohit B. Deo, J. allowed a petition filed against the order of the trial court whereby it had issued process
Jhar HC | Complaint under S. 138 NI Act can be filed only after 45 days from date of dispatch of demand notice
Jharkhand High Court: Anil Kumar Choudhary, J. dismissed an interlocutory application praying for grant of special leave under Section 378(4) of the
HP HC | S. 138 NI Act offence compounded as accused agrees to pay the amount
Himachal Pradesh High Court: Vivek Singh Thakur, J. disposed of a petition relating to dishonour of cheques wherein the petitioner wilfully confessed
Del HC | Computer-generated ledger statement inadmissible in evidence for proving liability under S.138 NI Act, if not accompanied by certificate under S.65-B of Evidence Act
Delhi High Court: Mukta Gupta, J. dismissed a petition filed against the order of the Metropolitan Magistrate, holding that the petitioner was unable
Bom HC | Advisable that Appellate Court imposes condition of depositing compensation amount on appellant when suspending sentence awarded under S. 138 NI Act
Bombay High Court: K.K. Sonawane, J. dismissed a criminal application filed under Section 432 CrPC seeking relief of quashing the order passed by
Kar HC | Evidence not to be re-appreciated at revisional stage if lower courts return concurrent findings
Karnataka High Court: K. Natarajan, J. upheld the decision of the lower courts against the offence under Section 138 of Negotiable Instrument Act,
Dishonour of Cheque [S. 138 NI Act and allied sections]
by Tejaswi Pandit†
Del HC | Import of S. 9 NI Act defining ‘holder in due course’ cannot be pre-judged; petition for quashing cheque dishonour complaint dismissed
Delhi High Court: Sunil Gaur, J. dismissed a petition seeking quashing of a complaint filed under Section 138 (dishonour of cheque) of the Negotiable Instruments
Bom HC | ‘Luxurious litigation’ by litigants wanting to ferment their ego needs to be curbed; criminal appeal dismissed with costs where complaint turned dormant
Bombay High Court: V.M. Deshpande, J. dismissed a criminal appeal and imposed costs of Rs 5000 on the appellant for filing the
Del HC | Conviction for S. 138 NI Act offence reversed where complainant incapable of extending the subject loan
Delhi High Court: Sanjeev Sachdeva, J., dismissed a petition assailing the Appellate Court’s order whereby it had set aside the judgment of conviction