dishonour of cheque Archives | Page 2 of 6

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

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

Case Briefs High 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

Case Briefs District 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

Case Briefs High Court Round Up High Courts Legal RoundUp

Delhi High Court’s Exhaustive Year-End RoundUp | Amazon v. Future Retail, Rakesh Asthana’s appointment, Feeding of Stray Dogs, 5G Technology, Delhi Riots & more

From major rulings like Amazon v. Future Group to 22 Guidelines on Feeding of Stray Dogs, Delhi High Court delivered some very

High Court Round Up Legal RoundUp

Media Trial, Sexual Assault, Judicial Over-Reach, Hate Speech, COVID-19 Updates and much more covered in over 90 topics | Bombay High Court’s Year-End Roundup 2021

Let’s sail into these 124 Judgments carefully selected and briefed in the year 2021.

Case Briefs High Courts

Magistrate required to exercise judicious discretion before ordering interim compensation, S. 143-A NI Act not mandatory: Kar HC

Karnataka High Court: Rajendra Badamikar, J., reversed an order of the Magistrate which had directed the petitioner accused to deposit 20% of the

Case Briefs High Courts

Dishonour of Cheque | Is it mandatory for trial court to award interim compensation under S. 143-A NI Act on mere invocation thereof? Del HC decides whether S. 143-A is directory or mandatory?

Delhi High Court: Anu Malhotra, J., held that the provision of Section 143A of the NI Act, 1881 is directory in nature

Case Briefs District 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

Case Briefs District 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”

Case Briefs High Courts

J&K and Ladakh HC | Dishonour of cheque; HC advices Criminal Courts to impose fine equivalent to amount of cheque plus at least 6% interest per annum

Jammu & Kashmir and Ladakh High Court: Sanjeev Kumar, J., held that the sentence of fine under Section 138 of N.I.Act must

Case Briefs District Court

What is the consequence of complainant’s failure to explain the occasion for issuance of cheque in his favour? How does it affect S. 138 NI Act complaint? Del Court answers

South-West, Dwarka, Delhi: Mridul Gupta, Metropolitan Magistrate –09, on noting a very weak case of the complainant and not being able to

Case Briefs District Court

If a cheque was issued in favour of complainant, would she still be required to prove loan transaction as she would have been in civil trial recovery? Court explains

Dwarka Courts, New Delhi: Medha Arya, MM (NI Act-03), resolved the dispute pertaining to Section 138 of Negotiable Instruments Act, 1881 in

Case Briefs Supreme Court

Section 138 NI Act| Can’t defeat the complaint merely because it does not elaborate upon Managing Director’s authorisation: SC

Supreme Court: In a case relating to dishonour of cheques where it was alleged that the complaint was filed by the managing

Case Briefs District 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)

Case Briefs High Courts

Ker HC | Absence of salutation like M/s, Mr or Miss while drawing a cheque is immaterial for offence under S. 138 of NI Act; HC sets aside the acquittal, directs Trial Court to re-address the issue

Kerala High Court: Gopinath P., J., held that adding or omitting prefix like M/s, Mr And Mrs. while drawing the cheque is

Case Briefs District 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

Case Briefs District Court

Mere denial is useless, Presumption under S. 138 NI Act can be rebutted only by leading cogent evidence: Court holds accused guilty where “payment stopped by drawer”

Saket Courts, New Delhi: Swati Gupta, Metropolitan Magistrate reiterated what is expected of an accused to rebut the statutory presumption against him