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Section 138 NI Act

Case BriefsHigh Courts

Del HC | No vicarious liability on ‘Non-Executive Nominee Director’ for dishonour of cheque unless he is shown to be at company’s helm of affairs

Delhi High Court: The Bench of R.K. Gauba, J. interfered with the impugned order passed by Metropolitan Magistrate and quashed the summon issued

Published on February 2, 2019February 4, 2019By Bhumika Indulia
Leave a comment4978 views
Case BriefsHigh Courts

Madras HC | Case under S. 138 NI Act is maintainable against person who issues cheque even if loan is secured by Trust

Madras High Court: The Bench of M. Nimal Kumar, J. refused to quash proceedings pending on the file of Judicial Magistrate (III), Coimbatore.

Published on January 29, 2019February 1, 2019By Bhumika Indulia
Leave a comment5697 views
Case BriefsHigh Courts

Madras HC | Unlawful for holder of cheque to fill date and amount in blank cheque beyond knowledge of accused; execution of cheque explained

Madras High Court: The Bench of M.V. Muralidharan, J. upheld the order of respondent’s acquittal for an offence punishable under Section 138 of

Published on January 28, 2019January 30, 2019By Bhumika Indulia
1 Comment10195 views
Case BriefsHigh Courts

Presumption under Section 118 of NI Act may legally be inferred where signature on cheque admitted by accused

Bombay High Court: A Single Judge bench comprising of M.G. Giratkar, J. dismissed a revision petition filed against the judgment of Judicial

Published on December 25, 2018December 28, 2018By Bhumika Indulia
Leave a comment9333 views
Case BriefsTribunals/Commissions/Regulatory Bodies

Section 138 NI Act proceedings not covered within the period of moratorium under Section 14 I&B Code: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial),

Published on August 7, 2018October 17, 2018By Bhumika Indulia
1 Comment8091 views
Case BriefsSupreme Court

Define categories under Section 138 NI Act where proceedings can be conducted ‘online’; SC tells HCs

Supreme Court: In the case where the question as to how proceedings for an offence under Section 138 of the Negotiable Instruments

Published on October 7, 2017October 13, 2017By Prachi Bhardwaj
1 Comment6662 views

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