Section 138 NI Act Archives

Section 138 NI Act| Conviction cannot be confirmed once parties enter into MoU for amicable settlement of dispute: Supreme Court

The Supreme Court observed that such settlement is nothing but a compounding of the offence and hence, the Court cannot override such compounding and impose its will.

Case Briefs Supreme Court

Explained| Dishonour of Cheques: Can non-executive Directors of the accused company be held vicariously liable under Section 141 NI Act?

Supreme Court: In an appeal against a judgment passed by the Calcutta High Court dismissing the Criminal Revision Application filed

Case Briefs High Courts

Karnataka High Court| Magistrates to consider ‘conduct of Accused’ while deciding application for interim compensation in Cheque dishonour cases

Karnataka High Court: M. Nagarprasanna J. allowed a petition filed under Section 482 of Criminal Procedure Code, 1973 (CrPC) seeking quashing of

Case Briefs High Courts

Presumption against signatory of a Cheque, Plea of lost cheque to be proved at trial: Del HC refuse quashing of summoning order for S. 138 NI Act offence

Delhi High Court: Asha Menon, J. refused to allow a petition filed under Section 482 CrPC seeking quashing of summoning order passed

Case Briefs District Court

A blank cheque leaf voluntarily signed and handed over towards some payment: Would it attract presumption under S. 139 NI Act in absence of cogent evidence? Dwarka Courts explains

Dwarka Courts, New Delhi: Deeksha Sethi, MM (NI Act)—06, reiterated that, even a blank cheque leaf, voluntarily signed and handed over by

Case Briefs District Court

Liability of Guarantor for Cheque Dishonour: Can lender enforce his right against either principal borrower or his guarantor? Dwarka Courts answers

Dwarka Courts, Delhi: Rahul Jain, Metropolitan Magistrate, while addressing a matter regarding dishonour of cheque, held that mere assertion of non-receipt of

Case Briefs District Court

Law on S. 146 NI Act | Bank’s slip denoting cheque has been dishonoured: A prima facie evidence? Explained by Tis Hazari Courts

Tis Hazari Courts, New Delhi: While addressing a decision revolving around Section 138 of Negotiable Instruments Act, 1881, Sanjay Sharma-II, Additional Sessions

Case Briefs High Courts

When no offence is attributable to Company, it is not possible to attach liability on Managing Director by deeming provisions of S. 141 of the NI Act: Del HC

Delhi High Court: Asha Menon, J., held that if no offence is attributed to the company, its Directors and other persons responsible

Case Briefs High Courts

Can power under S. 482 CrPC be exercised where allegations are required to be proved in Court of law? Del HC explains

Delhi High Court: Rajnish Bhatnagar, J., expressed that the Court in the exercise of its jurisdiction under Section 482 CrPC cannot go

Case Briefs District Court

Can Director of a company be automatically, vicariously liable for commission of an offence on behalf of company under S. 138 NI Act? Patiala House Courts answers

Patiala House Courts, New Delhi: Shreya Arora Mehta, Metropolitan Magistrate, while addressing a matter with regard to Section 138 of the Negotiable

Case Briefs High 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

Case Briefs District Court

Tis Hazari Court | If an accused proves that there was non-existence of consideration and debt: Can accused person be acquitted under S. 138 NI Act? Read on

Central District, Tis Hazari Court, Delhi: Kratika Chaturvedi, DJS, while addressing a matter revolving around Section 138 of the Negotiable Instruments Act,

Case Briefs High Courts

To prove that cheque amount was larger than debt due, can defence of Issuer be looked at stage of issuing summons? Del HC explains

Delhi High Court: While addressing a matter revolving around Section 138 of the Negotiable Instruments Act, 1881, Subramonium Prasad, J., held that

High Court Round Up Legal RoundUp

82 Reports from 21 High Courts: Hijab Row, Uphaar Case, Child Custody Battles, Drug Menace and more | February RoundUp 2022

82 reports on High Court Judgments to read from February 2022. Allahabad High Court Bail 22-year-old woman, burnt and buried due to

Case Briefs High Courts

Vicarious Liability of Directors of Company for offences committed under S. 138 NI Act: Person claiming to not being able to manage business due to his age, could this be accepted as defence? Del HC answers

Delhi High Court: Subramonium Prasad, J., addressed a matter pertaining to vicarious liability of directors of the company alleged for offences under

Case Briefs District Court

Can only a sole proprietor be held liable under S. 138 NI Act for dishonour of cheque drawn on account of sole proprietorship concern? Tis Hazari Court decodes

Tis Hazari Courts, New Delhi: While deciding a matter under Section 138 of the negotiable Instruments Act, 1881, Devanshu Sajlan, MM-05 (NI

Case Briefs District Court

Law on Cheque Dishonour | Merely because cheques in question are security cheques, would that save accused from clutches of law under S. 138 NI Act, in case of admitting taking loan against cheques? Court answers

Rohini Court, North-West, Delhi: Ritika Kansal, MM(NI) reiterated the settled position of law that, “…an accused has to prove his defence by

Case Briefs High Courts

Whether proceedings under Ss. 138 and 141 of NI Act can be initiated against corporate debtor during moratorium period? Madras HC answers

Madras High Court: N. Sathish Kumar, J., while addressing a matter with regard to the dishonour of cheques under Section 138 of

Hot Off The Press News

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 Briefs District Court

Daughter-in-law accuses father-in-law of offence under S. 138 NI Act. Here’s the detailed account of whether father-in-law gave the cheque to daughter-in-law or was it taken without his knowledge || Saket District Court decides

Saket District Court, Delhi: Sonam Singh, MM (NI Act) acquitted the accused who was charged with an offence under Section 138 of