Negotiable Instruments Act

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 »

Ajitsinh Chehuji Rathod vs State Of Gujarat 2024 INSC 63 – S 118,138,139 NI Act – S 73 Evidence Act – Bankers’ Books Evidence Act – Specimen Signature – Cheque Bounce Case

February 1, 2024 / By

Indian Evidence Act, 1872; Section 73 – Bankers’ Books Evidence Act, 1891 – Certified copy of a document issued by a Bank is itself admissible under the Bankers’ Books Evidence Act, 1891 without any formal proof thereof. Hence, in an appropriate case, the certified copy of the specimen signature maintained by the Bank can be …

Ajitsinh Chehuji Rathod vs State Of Gujarat 2024 INSC 63 – S 118,138,139 NI Act – S 73 Evidence Act – Bankers’ Books Evidence Act – Specimen Signature – Cheque Bounce Case Read More »

Satish P Bhatt vs State of Maharashtra 2024 INSC 16 – S 138 NI Act – Violationg Of Undertaking

February 4, 2024 / By

Bombay HC cancelled the order of suspension of sentence and bail granted to the appellant – accused – also the intervenor (petitioner before the High Court) as they violated the undertaking given before the High Court and further violated the condition contained in the order granting extension of time to comply- Supreme Court dismissed appeal …

Satish P Bhatt vs State of Maharashtra 2024 INSC 16 – S 138 NI Act – Violationg Of Undertaking Read More »

S 138 NI Act – Cheque Bounced Due To Reasons Other Than  “Insufficient Funds”  

January 10, 2023 / By

Section 138 of the Negotiable Instruments Act reads as follows: Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, …

S 138 NI Act – Cheque Bounced Due To Reasons Other Than  “Insufficient Funds”   Read More »

Cheque Case Complaint – Appeal Against Acquittal

January 3, 2023 / By

A filed a cheque bounce complaint under Section 138 Negotiable Instruments Act against B. However, the Magistrate Court acquitted B. Can A file appeal before Sessions Court invoking provisio to Section 372 Cr.P.C. or should he file appeal with special leave before High Court under Section 378(4) CrPC is the query.? Section 372 CrPC proviso …

Cheque Case Complaint – Appeal Against Acquittal Read More »