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Section 139 NI Act

Section 138 NI Act
Case BriefsSupreme Court

Explained | Supreme Court verdict on principles relating to presumption and evidential burden under Ss. 138 & 139 of NI Act

“The accused has miserably failed to discharge his evidential burden, that fact will have to be taken to be proved by force of the presumption, without requiring anything more from the complainant”

Published on October 12, 2023October 12, 2023By Apoorva
Leave a comment41952 views
Case BriefsDistrict 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

Published on May 18, 2022June 3, 2022By Bhumika Indulia
1 Comment13542 views
Case BriefsDistrict 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

Published on May 13, 2022May 27, 2022By Bhumika Indulia
Leave a comment13139 views
Patiala House Courts, Delhi
Case BriefsDistrict 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

Published on March 30, 2022April 8, 2022By Bhumika Indulia
Leave a comment3582 views
Case BriefsHigh 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

Published on March 3, 2022March 11, 2022By Bhumika Indulia
Leave a comment11671 views
Saket Court
Case BriefsDistrict 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

Published on January 15, 2022January 21, 2022By Bhumika Indulia
1 Comment4359 views
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

Published on January 14, 2022January 21, 2022By Bhumika Indulia
Leave a comment9234 views
Case BriefsDistrict Court

Court holds accused guilty under S. 138 NI Act where he failed to rebut statutory presumption even when complainant didn’t produce documentary evidence to prove debt

XVIII Addl. Chief Metropolitan Magistrate, Bengaluru City: Manjunatha, XVII Addl. C.M.M., found the accused guilty for the offence under Section 138 of

Published on January 4, 2022January 4, 2022By Bhumika Indulia
3 Comments11709 views
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

Published on December 14, 2021January 24, 2023By Prachi Bhardwaj
Leave a comment5846 views
Case BriefsDistrict Court

When does burden of proof shift to accused to rebut statutory presumption in cheque bounce cases under S. 138 NI Act? CMM Court considers

Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: Bhola Pandit, XX Addl. CMM, convicted a person who presented a cheque to

Published on December 6, 2021December 24, 2021By Bhumika Indulia
Leave a comment6558 views
Case BriefsDistrict Court

“Account closed” and Cheque returned: Is it a reason sufficient for convicting a person under S. 138 NI Act? Read detailed decision of CMM Court, Bangalore

Court of XX Addl. Chief Metropolitan Magistrate, Bengaluru City: In light of cheque being returned by the bank due to “Account Closed”

Published on December 4, 2021December 10, 2021By Bhumika Indulia
Leave a comment17125 views
Saket Court
Case BriefsDistrict Court

Dishonour of Cheque | Not filling details in cheque, Non-filing of ITR by complainant, Handing over cheque as security, etc.: Delhi Court discards all defence, orders conviction under S. 138 NI Act  

Saket Courts, Delhi: Swati Gupta, Metropolitan Magistrate (South) NI Act, convicted the accused for an offence under Section 138 (dishonour of cheque)

Published on November 15, 2021November 15, 2021By Bhumika Indulia
4 Comments11421 views
Case BriefsDistrict Court

Presumption and Rebuttal under NI Act: Read Court’s verdict discussing onus of proof and nature of defence where “payment stopped by drawer”

Additional Chief Metropolitan Magistrate, Mayo Hall Unit, Bengaluru: Vani A. Shetty, XVII Additional Judge, Court of Small Causes & ACMM, addressed a

Published on October 21, 2021October 25, 2021By Bhumika Indulia
1 Comment14838 views
Patiala House Courts, Delhi
Case BriefsDistrict Court

Law on Dishonour of Cheque | Loan given in cash, no documentary evidence available. Lender files a complaint under S. 138 NI Act: Read how ‘presumption’ under S. 118 (a) plays a role

Patiala House Courts, New Delhi: Prayank Nayak, MM-01 acquitted the accused of offence under Section 138 (dishonour of cheque) of the Negotiable

Published on October 14, 2021October 29, 2021By Bhumika Indulia
3 Comments36580 views
Tis-hazari
Case BriefsDistrict Court

Law on S. 138 NI Act | Cheque dishonored, case filed under S. 138 NI Act: Can borrower raise defense that lender had no financial capacity to lend money? Complete report on ruling by Tis-Hazari Courts

Tis Hazari Courts, New Delhi: Devanshu Sajlan, MM NI Act-05, while noting the ingredients of Section 138 of the Negotiable Instruments Act,

Published on October 12, 2021October 29, 2021By Bhumika Indulia
1 Comment16543 views
Saket Court
Case BriefsDistrict Court

Accused has to rebut presumption under NI Act, once signature on cheque is admitted? Delhi Saket Courts examines

South-East District, Saket Courts, New Delhi: Bhanu Pratap Singh, MM (N.I. Act) found the accused guilty of an offence under Section 138

Published on October 11, 2021October 29, 2021By Bhumika Indulia
Leave a comment8885 views
Case BriefsHigh Courts

Del HC | Can mere ipse dixit and statement in defence under S. 313 CrPC rebut presumption cast under S. 139 NI Act? Read on

Delhi High Court: Subramonium Prasad, J., addressed a matter with regard to offences under Section 138 of Negotiable Instruments Act, 1881. Instant

Published on June 29, 2021July 9, 2021By Bhumika Indulia
Leave a comment5378 views
Case BriefsSupreme Court

Is issuance of blank cheque and signed blank stamp paper sufficient to attract presumption under S. 139 of NI Act? Supreme Court answers

Supreme Court: The 3-Judge Bench comprising of N.V. Ramana, Surya Kant* and Aniruddha Bose, JJ., upheld the judgement of High Court of

Published on February 15, 2021February 19, 2021By Editor_4
1 Comment14161 views
Case BriefsHigh Courts

Bom HC | Does NI Act authorises a complainant to fill an incomplete cheque? Court discusses while reversing acquittal of accused under S. 138 NI Act

Bombay High Court: Vibha Kankanwadi, J., reversed the acquittal of the respondent-accused holding him guilty of having committed an offence under Section 138

Published on December 15, 2020December 17, 2020By Bhumika Indulia
1 Comment6885 views
Case BriefsHigh Courts

Bom HC | In absence of an accused, can Appellate Court pronounce Judgment in an appeal against conviction? HC considers

Bombay High Court: Vibha Kankanwadi, J., observed that, “The practice of pronouncing Judgments in appeal against conviction in absence of the accused, thereby

Published on October 28, 2020November 6, 2020By Bhumika Indulia
1 Comment11053 views

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