Negotiable Instruments Act

Case BriefsSupreme Court (Constitution/Larger 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 BriefsHigh 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 BriefsHigh 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 UpLegal 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 BriefsSupreme 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 BriefsHigh 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 BriefsHigh 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 BriefsHigh Courts

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

Allahabad High Court: A Single Judge Bench comprising of Karuna Nand Bajpayee, J. declined to quash the order passed by the Judicial

Case BriefsHigh Courts

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

Himachal Pradesh High Court: A Single Judge Bench comprising of Tarlok Singh Chauhan, J., decided a criminal petition filed for quashing the

Case BriefsHigh Courts

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

Karnataka High Court: A Single Judge Bench comprising of K. Somashekar, J., decided a criminal appeal, wherein order of acquittal of the

Case BriefsHigh Courts

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

Karnataka High Court: A Single Judge Bench comprising of K. Somashekar, J., decided a criminal appeal filed under Section 378(4) CrPC, wherein

Case BriefsHigh Courts

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

Delhi High Court: A Single Judge Bench of the Delhi High Court comprising of Sanjeev Sachdeva, J., disposed of a petition seeking

Case BriefsHigh Courts

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

Orissa High Court: A petition under Section 482 of CrPC was decided by a Single Judge Bench comprising of S.K. Sahoo, J.,

Case BriefsHigh Courts

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

Punjab and Haryana High Court: The High Court in a recent matter concerning S. 138 of Negotiable Instruments Act held that when

Case BriefsHigh Courts

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

Gujarat High Court: A Bench comprising of J.B. Pardiwala, J. has directed quashing of criminal proceedings against the applicant and co-accused husband,