Category: negotiable instrument act
Complaint u/s 138 of N.I. Act against SICK company was valid when restraint order allowed it to draw to meet its day-to-day operations In a recent judgment, the Hon’ble Supreme Court has held that there was no embargo on filing a complaint u/s 138 of N.I. Act against …
For prosecution u/s 138 of NI Act 1881 reproducing language of Section 141 in verbatim or attributing specific role to the directors not necessary – SC In a recent judgment Hon’ble Supreme Court held for prosecution under section 138 of Negotiable Instrument Act, 1881 reproducing language of Section …
Director was not guilty of offence u/s 138 of NI Act in view of initiation of insolvency proceedings and moratorium order – Supreme Court In a recent judgment, the Hon’ble Supreme Court quashed the complaint case under Section 138 of Negotiable Instruments Act, 1881 against the director for …
Court of the place where cheque is presented have jurisdiction to entertain complaint under Section 138 of the N.I. Act. In a recent judgment, Hon’ble Supreme Court has held that court of the place where cheque is presented for collection, will have jurisdiction to entertain complaint alleging the …
Non-executive & independent directors not liable u/s 138 read with Section 141 the Negotiable Instruments Act, 1881 Act – Supreme Court In a recent judgment the Hon’ble Supreme Court reiterated that non-executive and independent director(s) cannot be held liable under Section 138 read with Section 141 of the …
Cheque bounce accused acquitted as complainant did not show amount given as loan in his income tax return. In a recent judgment, Hon’ble Supreme Court has confirmed the acquittal of accused in a case of cheque dishonour where the complainant did not show the amount advanced in his …
Under NI Act if cheque signed by drawer is given to payee ’reverse onus clause’ u/s 139 attracted. It is immaterial that particulars filled by someone else – Allahabad High Court In a recent judgment, the Hon’ble High Court has held that Under NI Act if cheque signed …
Limitation u/s 138 of NI Act starts after expiry of 15 days period to make payment from the date of receipt of notice- Allahabad High Court ABCAUS Case Law Citation:ABCAUS 3891 (2024) (03) HC Important Case Laws relied upon by parties:Kusum Ingots & Alloys Limited Vs. Pennar Peterson …
Supreme Court directs pilot study on employing retired judicial officers to operationalise Special Courts for expeditious trial of cases u/s 138 of Negotiable Instrument Act 1881 The Constitution Bench of the Hon’ble Supreme Court with reference to expeditious trial of cases under Section 138 of Negotiable Instrument Act …
Supreme Court explains law of conviction u/s 138 of NI Act on authorised signatories of firm/companies. civil liability vs Vicarious liability ABCAUS Case Law Citation ABCAUS 3589 (2022) (05) SC Important case law relied referred:Monaben Ketanbhai Shah and Another vs. State of Gujaratand Others (2004) 7 SCC 15Aneeta …
