Section 138 NI Act Archives

Bom HC | Appeal filed against conviction under S. 138 NI Act cannot be dismissed for non-payment of fine without going into merits of appeal

Bombay High Court: Vibha Kankanwadi, J., allowed a criminal revision application filed against the order of the Additional Sessions Judge whereby the

Case Briefs High Courts

Bom HC | S. 139 NI Act imposes evidentiary burden and not a persuasive burden; acquittal upheld where complainant failed to prove capacity to give loan

Bombay High Court: K.R. Shriram, J., dismissed a criminal appeal filed against the order of the trial court whereby it had acquitted the

Case Briefs High Courts

Bom HC | The day on which accused refused to accept the demand notice is to be excluded while counting the 15 days period contemplated under S. 138(c) NI Act

Bombay High Court: Vibha Kankanwadi, J., while allowing a writ petition, quashed a complaint under Section 138 of the Negotiable Instruments Act, 1881,

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Ker HC | Acquittal from offence under S. 138 NI Act upheld where cheque not drawn on account maintained by the accused

Kerala High Court: R. Narayana Pisharadi, J. rejected this petition in which the petitioner prayed to file an appeal against the judgment

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Del HC | S. 138 NI Act; EPF society facilitating purchase of houses on behalf of its members held not liable for dishonour of cheques issued to the builder

Delhi High Court: Suresh Kumar Kait, J., allowed a petition wherein directions were sought for quashing the complaint case filed against the petitioner

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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

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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

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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

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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

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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

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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

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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

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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

Case Briefs High Courts

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

Case Briefs High Courts

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

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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

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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

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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

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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

Case Briefs High Courts

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