Negotiable Instruments Act

New Win Export vs A Subramaniam 2024 INSC 535 – Negotiable Instruments Act- Compounding

July 18, 2024 / By

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, …

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Raj Reddy Kallem vs State Of Haryana 2024 INSC 347 – S 138 NI Act- Compounding Of Cheque Cases – Complainant’s Consent

April 29, 2024 / By

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 …

Raj Reddy Kallem vs State Of Haryana 2024 INSC 347 – S 138 NI Act- Compounding Of Cheque Cases – Complainant’s Consent Read More »

Prem Raj vs Poonamma Menon 2024 INSC 260 :: [2024] 4 S.C.R. 29 – NI Act- Effect Of Decree In Civil Case

May 13, 2024 / By

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 …

Prem Raj vs Poonamma Menon 2024 INSC 260 :: [2024] 4 S.C.R. 29 – NI Act- Effect Of Decree In Civil Case Read More »

Sections 143A and 148 NI Act – Retrospective Or Not? Mandatory Or Directory?

March 16, 2024 / By

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 …

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Susela Padmavathy Amma vs Bharti Airtel Limited 2024 INSC 206 – S 141 NI Act- Liability Of Director Averments

March 15, 2024 / By

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 …

Susela Padmavathy Amma vs Bharti Airtel Limited 2024 INSC 206 – S 141 NI Act- Liability Of Director Averments Read More »

Rakesh Ranjan Shrivastava vs State Of Jharkhand 2024 INSC 205 :: [2024] 3 S.C.R. 438 – S 143A NI Act – Interim Compensation

April 4, 2024 / By

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 …

Rakesh Ranjan Shrivastava vs State Of Jharkhand 2024 INSC 205 :: [2024] 3 S.C.R. 438 – S 143A NI Act – Interim Compensation Read More »

Manoj vs Rajkumar Ganpati Manudhane CrA 855/2024 – S 143 NI Act – Cheque Case Closure

February 24, 2024 / By

Negotiable Instruments Act, 1881; Section 143 – Code Of Criminal Procedure, 1973; Section 258 -where the cheque amount, with interest and costs, as assessed by the Court is paid by the accused on a specific date, the Court is entitled to close the proceedings in exercise of the powers under Section 143 of the Act …

Manoj vs Rajkumar Ganpati Manudhane CrA 855/2024 – S 143 NI Act – Cheque Case Closure Read More »

K Ramesh vs K Kothandaraman SLP(Crl) 3377 Of 2019 – S 139 NI Act – Blank Cheque Leaf

February 21, 2024 / By

Negotiable Instruments Act, 1881; Section 138, 139 -Even if a blank cheque leaf is voluntarily signed and handed over by the accused towards some payment would attract the presumption under Section 139 of the Act and in the absence of any cogent evidence to show that the cheque was not issued in discharge of the …

K Ramesh vs K Kothandaraman SLP(Crl) 3377 Of 2019 – S 139 NI Act – Blank Cheque Leaf Read More »

Rajesh Viren Shah vs Redington (India) Limited 2024 INSC 111 – Ss 138,141 NI Act – Resignation Of Directors

February 14, 2024 / By

Negotiable Instruments Act, 1881; Section 138, 141 – Whether a Director who has resigned from such position and which fact stands recorded in the books as per the relevant rules and statutory provisions, can be held liable for certain negotiable instruments, failing realization ? In this case, resignations have taken place on 9 th December …

Rajesh Viren Shah vs Redington (India) Limited 2024 INSC 111 – Ss 138,141 NI Act – Resignation Of Directors Read More »

Atamjit Singh vs State (NCT Of Delhi) 2024 INSC 84 – S 138 NI Act – S 482 CrPC – Cheque Bounce Complaint – Quashing

February 7, 2024 / By

Code of Criminal Procedure, 1973; Section 582 – Negotiable Instruments Act, 1881 ; Section 138 – Classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties -The question regarding the time barred nature of an underlying debt or …

Atamjit Singh vs State (NCT Of Delhi) 2024 INSC 84 – S 138 NI Act – S 482 CrPC – Cheque Bounce Complaint – Quashing Read More »