Section 138 of NI Act Archives

Initiation of IBC proceedings does not absolve Company Directors/Signatories of criminal liability under Section 138 NI Act: SC

The Supreme Court observed that the scope of nature of proceedings under the two Acts are quite different and would not intercede each other.

Case Briefs Supreme Court

Dishonour of Cheque – S. 141 NI Act| Complainant only supposed to have general knowledge of person(s) in charge of company/firm; Burden on Director/Partner to prove their innocence: SC

“Quashing of a complaint is a serious matter. Complaint cannot be quashed for the asking. For quashing of a complaint, it must be shown that no offence is made out at all against the Director or Partner.”

Case Briefs Tribunals/Commissions/Regulatory Bodies

Can post-dated cheque issued for repayment of principal amount be taken as unqualified admission of debt? NCLT Allahabad decides

National Company Law Tribunal, Allahabad (NCLT): The bench of Rajasekhar V.K., Judicial Member and Virendra Kumar Gupta, Technical Member decided that for

Case Briefs High Courts

Ker HC | No bar to simultaneous continuance of a criminal proceeding and a civil proceeding, if the two arise from separate causes of action

Kerala High Court: R. Narayana Pisharadi, J. dismissed a petition praying for quashing the criminal proceedings against the petitioner initiated under Section

Case Briefs High Courts

Bom HC | Director who resigned before issuing of cheques held not liable under S. 138 r/w S. 141 of NI Act for dishonour thereof

Bombay High Court: S.S. Shinde, J. allowed a criminal application filed against the order of the Magistrate whereby he rejected the application filed