Negotiable Instruments Act

Case BriefsHigh Courts

Obligation of Thumb Impression and Signature, both, for a Pro-Note under Negotiable Instruments Act: Mandatory or Not? Read Madras HC’s verdict

Madras High Court: Teekaa Raman, J., observed that there is no mandatory provision under the Negotiable Instruments Act that both the signature

Case BriefsHigh Courts

[NI Act] Kar HC decides contours of law in a classic case where cash of Rs 2 crore was borrowed as hand loan and a cheque obtained for the repayment of the same got dishonoured

Karnataka High Court: M. Nagaprasanna, J. allowed the petition and quashed the impugned order regarding attachment of property and auction notification. The

Case BriefsHigh Courts

Dishonour of Cheque | If a cheque is not honoured by issuer and even after a legal notice he doesn’t pay, he is bound to face criminal trial: Del HC

Delhi High Court: Rajnish Bhatnagar, J., dismissed a matter revolving around the dishonour of cheque under Section 138 of the Negotiable Instruments

Hot Off The PressNews

Appellate Courts where appeals are pending against judgments in complaint under S. 138 NI Act to make an effort to settle dispute through mediation: Bom HC issues Practice Directions

In compliance with the Supreme Court’s decision dated 16-4-2021, passed in (2021) 10 SCC 598 “In Re: Expeditious Trial of Cases under

Case BriefsDistrict Court

Dishonour of Cheque occurring when parties entered in an illegal and void agreement: Can Court still take cognizance in S. 138 NI Act complaint? Dwarka Court decides

Dwarka Court, New Delhi: Shipra Dhankar, MM (NI Act) on noting that the dishonour of cheque occurred in consequence of an illegal

Case BriefsHigh Courts

[S. 138 NI] Telangana HC | A joint account holder cannot be prosecuted unless and until he/she is a signatory to subject cheque

Telangana High Court: Shameem Akhter J. allowed criminal petition and quashed the proceedings against the petitioner/A.2 on the ground that it is

Banking and Negotiable InstrumentsOp EdsOP. ED.

Territorial Jurisdictional Constraints of Cheque Bounce Cases

by Baglekar Akash Kumar*

Cases ReportedSCC Archives

SCC Snippets| Dishonour of Cheque: Principles relating to presumption under Section 139 NI Act

The bench of Ashok Bhushan* and KM Joseph, JJ, in Basalingappa v. Mudibasappa (2019) 5 SCC 418, lucidly summarized the following principles relating to the

Case BriefsHigh Courts

For summoning accused under S. 138 NI Act, recording of statements under Ss. 200 and 202 is required? All HC decides

Allahabad High Court: Sameer Jain, J., decided that whether for summoning an accused under Section 138 of Negotiable Instruments Act, 1881, recording

Case BriefsHigh 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 BriefsSupreme 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 BriefsHigh 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 BriefsHigh 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

High Court Round UpLegal 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 BriefsSupreme Court

Notice issued to Centre, RBI and the likes over need for expeditious disposal of trials under Section 138 of Negotiable Instruments Act

Supreme Court: Taking suo motu cognizance of the issue relating to the expeditious trial of cases under Section 138 of Negotiable Instruments

Case BriefsHigh Courts

P&H HC | Accused facing trial under Negotiable Instrument Act not competent to file an affidavit for evidence

Punjab & Haryana High Court: Surinder Gupta, J. dismissed a petition dealing with the question whether accused under Negotiable Instruments Act, 1881

Law made Easy

Dishonour of Cheque [S. 138 NI Act and allied sections]

by Tejaswi Pandit†

Case BriefsHigh Courts

Petition under Sections 433(e) and 434(a) of Companies Act admitted on failure of any bona fide ground for non-payment of dues

Delhi High Court: A Single Judge Bench comprising of Jayant Nath, J., admitted a petition filed for winding up of respondent company.

Case BriefsHigh Courts

Only prima facie satisfaction about existence of material required to summon the accused

Allahabad High Court: A Single Judge Bench comprising of Karuna Nand Bajpayee, J. declined to quash the order passed by the Judicial

Case BriefsHigh Courts

S. 147 of NI Act gives power to the court to accept settlement and quash the conviction

Himachal Pradesh High Court: A Single Judge Bench comprising of Tarlok Singh Chauhan, J., decided a criminal petition filed for quashing the