Negotiable Instruments Act,1881- Section 138,147 –An offence under Section 138, N.I. Act could be compounded under Section 147 thereof, only with the consent of the complainant concerned’ . (Para 17) Code of Criminal Procedure,1973- Section 482 – Merely because, in Raj Reddy Kallem v. The State of Haryana & Anr. 2024 INSC 347, SC ‘quashed’ …
Negotiable Instruments Act,1881; Section 138- SC Restored Trial Court judgment convicting the accused and observed: if the parties amongst themselves, agreed to a rate which is not in conformity with the Tamil Nadu Act, it was for the respondent to raise an objection or move the appropriate forum for getting the same corrected/taken care of, …
Sri Sujies Benefit Funds Limited vs M Jaganathuan 2024 INSC 602 – S 138 NI Act Read More »
Negotiable Instruments Act, 1881; Section 138,139- The liability of the defence in cases under Section 138 of the NI Act 1881 is not that of proving its case beyond reasonable doubt- A n accused may establish non-existence of a debt or liability either through conclusive evidence that the concerned cheque was not issued towards the …
Negotiable Instruments Act, 1881; Section 143A, 141- The drawer under Section 143A refers specifically to the issuer of the cheque, not the authorized signatories – Liability under Section 141 arises from the conduct or omission of the individual involved, not merely their position within the company – The distinction between legal entities and individuals acting …
Negotiable Instruments Act, 1882; Section 138 & 147- Section 147 of the Negotiable Instruments Act, 1881 makes all offences under NI Act compoundable offences – Settlement agreement can be treated to be compounding of the offence – All the same, Section 320 (5) of CrPC provides that if compounding has to be done after conviction, …
New Win Export vs A Subramaniam 2024 INSC 535 – Negotiable Instruments Act- Compounding Read More »
Negotiable Instruments Act, 1881; Section 138- Even though the complainant has been duly compensated by the accused yet the complainant does not agree for the compounding of the offence, the courts cannot compel the complainant to give ‘consent’ for compounding of the matter. It is also true that mere repayment of the amount cannot mean …
Negotiable Instruments Act, 1881; Section 138 – Allowing appeal against concurrent conviction in a cheque case , SC held: In the present case, considering that the Court in criminal jurisdiction has imposed both sentence and damages, the Court in criminal jurisdiction would be bound by the civil Court having declared the cheque, the subject matter …
Section 143A – Not Retrospective – Directory Section 143A to be prospective in operation and that the provisions of said Section 143A can be applied or invoked only in cases where the offence under Section 138 of the Act was committed after the introduction of said Section 143A in the statute book. [G. J. Raja vs Tejraj …
Sections 143A and 148 NI Act – Retrospective Or Not? Mandatory Or Directory? Read More »
Negotiable Instruments Act, 1881; Section 141 – For making a Director of a Company liable for the offences committed by the Company under Section 141 of the Act, there must be specific averments against the Director showing as to how and in what manner the Director was responsible for the conduct of the business of …
Negotiable Instruments Act, 1881; Section 143A – Grant of interim compensation – Considering the drastic consequences of exercising the power under Section 143A and that also before the finding of the guilt is recorded in the trial, the word “may” used in the provision cannot be construed as “shall”. The provision will have to be …