Negotiable Instruments Act Archives | Page 2 of 2

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 Briefs High 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 Briefs Supreme Court (Constitution 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 Briefs High 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 Briefs High 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 Up Legal 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 Briefs Supreme 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 Briefs High 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 Briefs High 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 Briefs High Courts

SCC Times

Negotiable Instruments Act

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

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

No more “mechanical” conversion of complaints under Section 138 NI Act from summary to summons trial; Magistrates “must” record reasons: Supreme Court

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

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

2020 Wrap-Up — 22 Notable rulings by High Courts on Negotiable Instruments Act

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

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

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

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

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

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

Accused under S. 138 of NI Act acquitted on grounds of limitation

Presence of a legally recoverable debt at the time of issuing cheque is a necessity for an action under S. 138 NI Act

Offence under S. 138 NIA to be compounded upon agreement to that effect between parties, subject to conditions

Cheques sent to handwriting expert to allow accused to prove his defence

If signatures not disputed, it is to be presumed that cheque has been issued in discharge of debt or liability

Only drawer of cheque can be made an acccused in proceedings for dishonour of cheque